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(영문) 서울행정법원 2018.04.04 2017구단74637
손실보상금
Text

1. The Defendant’s KRW 14,251,72 to the Plaintiff, as well as 5% per annum from October 4, 2017 to April 4, 2018.

Reasons

1. Details of ruling;

(a) Authorization and Public Notice of Projects - Private Investment Project (B road projects (section 1-2) - Public Notice of the Ministry of Land, Infrastructure and Transport of August 7, 2015

(b) Project implementer: Seoul Regional Construction and Management Administration under Defendant;

(c) The Central Land Tribunal’s ruling of expropriation on August 10, 2017 - Subject to expropriation 790 weeks (hereinafter “each item of this case”): Total number of items indicated in the “subject to expropriation” in attached Table 1’ (hereinafter “attached Table 1”) in the “attached Table 1” - Compensation for losses: 41,200,000 won - The date of commencement of expropriation: An appraisal corporation on October 3, 2017 - An appraisal corporation: a public appraisal corporation with respect to a stock company, a third appraisal corporation (hereinafter “appraisals”) and a third appraisal corporation with respect to their appraisal (hereinafter “adjudications of expropriation”): The fact that there is no dispute on the basis of recognition / [Attachment 1, 2, and evidence Nos. 1, 1, 1, and 3 (including a serial number; hereinafter the same shall apply), each item of the appraisal report of this court appraiser D (hereinafter the above appraiser’s appraisal report “court,” the purport of the entire pleadings and the entire pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s appraisal of acceptance is unlawful by unfairly assessing the amount of compensation for each item of the instant case incorporated within the instant project district at a low price.

In the case of a court appraisal, 15% of the transplant cost is reduced when mass trees are transplanted in calculating the transfer cost of each of the trees of this case. However, in the case of each of the trees of this case, the relocation cost of each of the trees of this case is merely 275 weeks, and the sum of the transplant cost is less than 30 million won, and thus, it cannot be deemed that there is a mass transplant of trees.

Therefore, reasonable compensation for losses for each item of this case is KRW 57,225,733, which is the sum of "transfer expenses not subject to the reduction of food expenses" and "the value of trees" among the court's appraisal. Thus, 16,025,733 won as legitimate compensation for losses = the above 57,25,733 won as legitimate compensation for losses.

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