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(영문) 서울행정법원 2017.02.09 2016구합67127
손실보상금
Text

1. The Defendant’s KRW 24,809,540 for the Plaintiff and KRW 5% per annum from September 12, 2015 to February 9, 2017.

Reasons

1. Details, etc. of ruling;

(a) Project approval and public announcement - Project name: B Housing redevelopment and rearrangement project (hereinafter referred to as the “instant project”): Public announcement; Seongbuk-gu Seoul Metropolitan Government on July 22, 2009 - Project implementer: Defendant;

(b) Decision on expropriation made on July 24, 2015 by the local Land Tribunal of Seoul Metropolitan City: Seongbuk-gu Seoul Metropolitan Government D large 212 square meters (hereinafter “instant land”) and obstacles (hereinafter “instant obstacles”): The date of commencement of expropriation: September 11, 2015 - Compensation: 736,494,930 won (the instant land: 598,68,000 won; 137,806,930 won: 37,800 won; 137,806,930 won) - The appraisal corporation and Sam Chang Chang-gu appraisal corporation.

C. The Central Land Tribunal’s ruling on an objection made on May 26, 2016 - The amount of compensation for losses is increased to KRW 747,617,570 ( KRW 603,330,800 for the instant land, and KRW 144,286,770 for the instant obstacles): - An appraisal corporation: A flood appraisal corporation, a wedding appraisal corporation, a stock company, and a wedding appraisal corporation (hereinafter “appraisal”) as well as the result of the appraisal (hereinafter “appraisal”).

(d) Appraisal and assessment conducted at the request of this Court – Compensation for losses: 72,427,10 won (the land in this case: 617,980,00 won, and the obstacles in this case: 154,447,110 won: hereinafter referred to as "court appraisal") - An appraisal corporation: The date (person in charge) appraisal corporation: The fact that there is no dispute over the appraisal corporation / The date (person in charge) appraisal corporation: Gap's evidence 1 through 4, 12, Eul's evidence 1-1, 2, Eul's evidence 2-1, 2-2, Eul's evidence 2-1, 2-2, and the purport of the whole pleadings;

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The appraisal is unfair by evaluating excessively low compensation for the instant land and obstacles. As such, the Defendant should additionally pay 24,809,540 won in difference with the reasonable compensation to the Plaintiff. 2) The Plaintiff had lost the residence located in the instant project area due to the implementation of the instant project, and thus, the Defendant did not transfer the residence to the Plaintiff.

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