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(영문) 서울행정법원 2016.01.14 2014구합56420
잔여지가치하락 손실보상금
Text

1. The Defendant’s KRW 70,720,00 for Plaintiff A and 5% per annum from October 21, 2009 to January 14, 2016.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: Urban planning facility project (E road expansion project) project (hereinafter referred to as the “instant project”): Public notice - Project operator published on June 5, 2008 by Seoul Special Metropolitan City public notice - Defendant

B. Plaintiff A, C, and D are the owners of the land incorporated within the instant project zone, and Plaintiff B is the deceased G’s spouse who is the owner of the land incorporated within the instant project zone.

C. Each land owned by Plaintiff A, C, D, and net G was divided as indicated below and part of the land was incorporated for the instant project (acquisition by consultation).

D on October 209, 208 HI J 580 372, Guro-gu Seoul Metropolitan Government, which was originally incorporated as the owner of the date of acquisition of land category at the location of the land by consultation, and on November 9, 2009, G MN 645 229 July 2, 2010 on July 2, 2010, when the former is incorporated as the owner of the date of acquisition by consultation.

D. Each remaining part of the lands owned by the Plaintiff A, C, D, and net G is incorporated into the instant project zone, as follows:

(hereinafter referred to as “the remaining land”, “the two remaining land”, “the three remaining land”, and “the four remaining land” as the sequence: Provided, That with respect to the area of the Guro-gu Seoul Metropolitan Government H (hereinafter “H”) located in the network G, the registration of ownership transfer was completed in the Plaintiff B on May 18, 2012 on the ground of inheritance due to the agreement and division as of January 16, 2012.

(B) 3 M Maga 416 C 4 O 51D, the owner of the land lot (land size) located at the Serial of 1 Seoul, Guro-gu H I 208 A 2 K 116 G (B) 3 M large 416 C 51 D

E. On March 10, 2014, the remaining area Nos. 4 was combined with Qand Qand 83 square meters, Rand 83 square meters, Qand 217 square meters.

F. The Plaintiffs requested the Defendant to hold a consultation on the compensation for damages for the decline in the value of the remaining land ( Plaintiff D asserted that the said Q Q 217 square meters remain) and did not reach an agreement.

G. The Plaintiffs filed an application with the Seoul Special Metropolitan City Regional Land Expropriation Committee for the adjudication of compensation for the depreciation of the remaining land. However, the Seoul Special Metropolitan City Regional Land Expropriation Committee on March 21, 2014.

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