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(영문) 서울행정법원 2018.04.25 2017구단64180
손실보상금
Text

1. The defendant shall pay to the plaintiff A 9,210,580 won, 114,670,960 won to the plaintiff B, and 25,950,590 won to the plaintiff C, respectively.

Reasons

1. Details, etc. of ruling;

(a) Authorization and public notice of project implementation - Project name: D Housing redevelopment and rearrangement project (hereinafter referred to as “instant project”) - Project implementer: Defendant - Public notice of project implementation authorization on December 11, 2014: public notice E in Eunpyeong-gu Seoul Metropolitan Government on December 11, 2014

B. The adjudication of expropriation made on July 22, 2016 by the local Land Tribunal of Seoul Special Metropolitan City on expropriation - In the instant project zone, ① obstacles, such as land in Eunpyeong-gu Seoul (hereinafter referred to as "F"), G and housing on its ground, ② obstacles, such as land owned by the Plaintiff B and housing on its ground, etc. (hereinafter referred to as "instant housing"), ② obstacles, such as the Plaintiff C’s I, J land and housing on its ground (hereinafter referred to as "the instant expropriation object"), are deemed “the instant expropriation object,” and the remaining objects of expropriation, other than the instant housing, among the instant objects of expropriation, are referred to as “the instant objects of expropriation” - Date of expropriation: September 9, 2016: Compensation for expropriation: as set forth in the table below.

(Units: 1,184,848,000 88,513,880 1,273,361,880 B 956,508,00 93,929,400 1,050,437,400 C 2,114,735,000 180,93,250 2,2502,295,68,250 - 2,68,250

(c) The Central Land Tribunal’s ruling on May 25, 2017 - The ruling on the objection to compensation for losses: The same shall apply to the corresponding portion of the attached Form of compensation for losses.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiffs' assertion 1) The reasonable compensation for losses on the subject matter of expropriation of this case is the difference between the appraised value based on the court's appraisal result and the compensation for losses on the subject matter of expropriation of this case (in the case of plaintiffs A and C, the difference is added to KRW 100,000,000,000,000,000,000,000,000,000,000,000

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