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(영문) 서울행정법원 2016.10.28 2016구합58147
수용보상금 청구의 소
Text

1. As to the Plaintiff KRW 53,356,384 and KRW 34,435,010 among them, the Defendant shall start on March 19, 2016, and the remainder 18,921.

Reasons

1. Basic facts

(a) Business name - Business name - Business name : B Housing redevelopment rearrangement project - Project implementation authorization - Public notice of Mapo-gu Seoul Metropolitan Government on January 19, 2012 - Project implementer: Defendant

(b) Decision on expropriation made on January 29, 2016 by the local Land Tribunal of Seoul Metropolitan City: D & 134.2 square meters (hereinafter “instant land”) owned by the Plaintiff and housing of mentmen, bricks, and 2 stories on the ground (hereinafter “instant building”): The starting date of expropriation: March 18, 2016 - The starting date of expropriation: KRW 560,031,480 (the instant land: KRW 458,964,000; the instant building: 101,067,480 won): the fact that there is no dispute [based on recognition]; subparagraph 1-2; subparagraph 1-2; subparagraph 2; subparagraph 3; subparagraph 4-1, subparagraph 4-2; and the purport of the whole pleadings and arguments of each of the aforementioned items.

2. The plaintiff's assertion

A. The court’s entrustment of appraisal to appraiser E (hereinafter “court appraisal”) significantly differs from the price of land and buildings selected as comparative standard land by the Ministry of Land, Infrastructure and Transport’s inquiry details, and the market price by the actual transaction report case in Seoul. Therefore, it is inappropriate to calculate compensation by the court’s appraisal, and the Plaintiff seek payment of KRW 35,000,000, which is part of the appropriate compensation for the pertinent land and buildings.

B. The Defendant is obligated to pay to the Plaintiff KRW 12,00,000 for settlement money, KRW 5,444,826 for relocation expenses, and KRW 1,637,632 for directors.

3. Determination

A. Pursuant to Article 70(1) and (4) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 13796, Jan. 19, 2016; hereinafter “former Land Compensation Act”), land acquired through consultation or adjudication shall be compensated on the basis of the officially announced land price under the Act on Public Notice of Values and Appraisal of Real Estate; however, the land use plan for the land from the basic date to the date of its price and the land price due to the relevant public project shall not be affected.

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