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(영문) 서울행정법원 2016.04.08 2015구합6606
손실보상금
Text

1. The Defendant’s KRW 559,900 as well as the Plaintiff’s annual rate of 5% from July 16, 2014 to April 8, 2016.

Reasons

1. Basic facts

(a) River works - Construction name: 3rd river maintenance projects: Public notice: D public notice given by the Seoul Regional Land Management Office on June 26, 2012, E public notice given as of February 8, 2013, and F public notice given as of March 6, 2013: Seoul Regional Land Management Office;

B. Adjudication by the Central Land Expropriation Committee on May 22, 2014 - Land subject to expropriation: The date of expropriation: 110 square meters in G Miscellaneous land in the Gyeonggi-gun, Gyeonggi-do (hereinafter “instant land”): July 15, 2014 - Compensation for losses: The dismissal of a claim for compensation equivalent to a decrease in the price of H miscellaneous land in the Gyeonggi-gun, the Gyeonggi-gun, the Plaintiff owned as the Plaintiff (hereinafter “instant remaining land”) - The appraisal corporation is one appraisal corporation, the vice governor of the appraisal corporation, and the appraisal corporation of the appraisal corporation.

C. Determination by the Central Land Expropriation Committee of April 23, 2015 – Compensation for losses: Dismissal of a claim equivalent to the amount of compensation for losses reduced in price on the remaining land of this case 8,877,000 won - An appraisal corporation, Japan appraisal corporation, and two appraisal corporations: No dispute exists, Gap evidence 9-1, Gap evidence 10-1, Eul evidence 15-3 through 5, Eul evidence 1-1 through 3, Eul evidence 3-3 through 6, as a whole, and the purport of the whole pleadings.

2. The Plaintiff’s assertion is obligated to pay to the Plaintiff 5% interest per annum from May 22, 2014 to the delivery date of a copy of the instant complaint, which is the date of the instant expropriation ruling, the difference between the reasonable compensation and the compensation determined in the instant land’s expropriation ruling, the compensation equivalent to the decline in the value of the remaining land, and the amount calculated by 20% interest per annum from the next day to the date of full payment.

3. Determination

A. According to the result of the appraisal commission with respect to appraiser I and the purport of the entire pleadings by this Court, the appraiser designated by this Court shall select JJ 717 square meters in Gyeonggi-gun as a comparative standard site, and on January 1, 2012, with respect to the per unit area of a comparative standard site of KRW 76,000,000 per unit area, the date of the acceptance ruling.

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