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(영문) 서울행정법원 2018.05.24 2017구합54531
손실보상금
Text

1. The defendant shall pay to the plaintiff A KRW 11,917,00, KRW 23,966,670, and KRW 26,248,00 and each of the above money to the plaintiff C.

Reasons

(a) replyed as follows with respect to the basis and the ratio of the pricing of land and buildings calculated under 4:6:

Compared real estate of this case on a 28.91 3.01 3.36 2nd 2nd 2nd 12.36 2nd 2nd 22nd 22nd 3.45 43.00 1st 3 real estate of this case 3 real estate of this case 63.45.00 2nd 2nd 3 real estate of this case

1. The comparative real estate of this case and the exclusive ownership ratio of basic data, such as the whole area of the land owned by the buildings 2 and 3 of this case, is non-exclusive ownership ratio of the comparative real estate of this case, and 90.57% exclusive ownership ratio of 42.75% of the comparative real estate of this case = exclusive ownership ratio of the previous real estate area/exclusive ownership ratio of 67.7% of the previous land area/exclusive ownership ratio of 100.00% of the previous real estate of this case 2 real estate of this case 10.00% of the

2. Compared real estate of this case and buildings of this case 2 and 3, and individual factors such as the exclusive use rate of the land of this case, the exclusive use rate of the site of this case, the exclusive use rate of the site of this case, and the site ownership rate of each floor of this case 1.061. 1. 34 of this case 1.062, Jan. 28, 2080

3. 이 사건 2, 3 건물 적용 격차율 근거 1) 전용율비교 : [0.4 0.6 * (100/90.57)] ≒ 1.062 2) 대지권비교 : [0.4 * (67.77/42.75) 0.6] ≒ 1.234 3 전용율비교 및 대지권비교에 적용된 토지:건물 배분비율은 AN의 연립 및 다세대주택의 토지ㆍ건물 가격배분비율 자료 등을 참조하여 4:6을 적용함

4. Land subject to this case: The reasons for the distribution ratio of the building and the case of transaction cases selected as a comparative case of the building building as the basis of this case: the date of approval for use on April 24, 2003; the date of transaction after the new construction on February 5, 2010, about 6 years and 9 months at the time of transaction; and about 12 years and 9 months at the time of reference; the land applied to this case as the case of transaction; the proportion of allocation of the building shall be applied based on transaction cases, but the proportion of allocation of the land and the building shall be applied based on the case of transaction, and the proportion of allocation of the land and the building was determined as 4:6 in comprehensive consideration of regional factors, individual factors, and other restrictive factors in price formation.

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