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(영문) 서울행정법원 2017.01.12 2016구합60164
토지수용이의재결처분취소 청구의소
Text

1. The Defendant’s KRW 43,060,050 as well as the Plaintiff’s annual rate of KRW 5% from July 11, 2015 to January 12, 2017.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: B housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): Defendant - Project implementer: Public notice of project implementation authorization on April 9, 2009, the Dongdaemun-gu Seoul Metropolitan Government public notice C, the same public notice D on November 24, 201, and E on August 1, 2013;

B. Decision on expropriation made on May 22, 2015 - Land Expropriation Date: July 10, 2015 - Land subject to expropriation as specified in attached Table 1 (hereinafter referred to as “instant land”). The Plaintiff seeks an increase in the amount of adjudication compensation only for the portion of the land in the compensation items, and thus the entry of the goods is omitted): Compensation: As indicated in attached Table 1, “the result of appraisal by expropriation” in attached Table 1: An appraisal corporation: An appraisal corporation on July 1, 201, and an appraisal corporation on July 10, 200.

C. The Central Land Tribunal’s ruling on March 24, 2016 - Compensation: The phrase “the result of the appraisal” in the attached Table 1 attached Table 1 is as follows - An appraisal corporation: Before the appraisal corporation; C&C corporation; C&C corporation; C&C corporation; and C&C corporation (hereinafter “indicator”); the above appraisal is “an appraisal of objection”; and the result of the appraisal is “the result of the appraisal” / [based on recognition] without dispute; Gap’s evidence 1, 2, and Eul’s evidence 3 through 6 (including each number), and the purport of the entire pleadings.

2. The assertion and judgment

A. As the result of the Plaintiff’s appraisal of the objection, the land of this case was excessively low and unfair, the Defendant should additionally pay the difference with the reasonable compensation to the Plaintiff.

However, since the project in this case was modified after the project implementation authorization date, and there was an authorization for change of project implementation on August 1, 2013, the land price of comparative standard land is not the date of the first public announcement of project implementation authorization but the date of new change of project implementation authorization.

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