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(영문) 서울행정법원 2017.09.14 2016구합67806
손실보상금
Text

1. The Defendant: (a) each of the KRW 1,429,300 against the Plaintiff (Appointeds) and the Appointeds B and against them, from September 12, 2015 to September 2017.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: C-D and one urban planning facility project (road) project - Project implementer: Defendant - Public announcement of project implementation authorization on November 29, 2007; the public notification of Yeongdeungpo-gu Seoul Metropolitan Government on July 10, 2014; and the public notification of Yeongdeungpo-gu on January 29, 2015;

B. Decision on expropriation made on July 24, 2015 - The date of expropriation: The date of expropriation on September 11, 2015: The Plaintiff and the designated parties (hereinafter collectively referred to as “Plaintiffs, etc.”) owned 1/2 shares each by each of the Plaintiff and the designated parties (hereinafter referred to as “instant land”; and the Plaintiff, etc. have sought an increase in the amount of compensation for the said land among the compensation items, and the Plaintiff, etc. have omitted the entry of the obstacles) - The Plaintiff, etc. asserted that accepting the portion below the officially announced land price was an infringement of private property rights, even though the land category on the public register of the instant land is a site on which the Plaintiff, etc. used as a road, on the ground that the portion of the instant land was used as a road. However, the Seoul Metropolitan City Land Tribunal did not accept the said assertion on the ground that the instant portion was used as the current status prior to the determination of urban planning facilities (road drawings, current status photographs, etc.).

- Compensation: 96,936,500 won for each of the plaintiffs, the designated parties, - An appraisal corporation: Korea Standards for Korea Appraisal Corporation, Korea C&T Corporation, and Korea C&T Corporation

C. The Central Land Expropriation’s ruling on May 26, 2016 - The Plaintiff et al. asserted that the key part of the instant land evaluated as a de facto private road among the instant land should be evaluated as a site which is a land category in the public record. However, the Central Land Expropriation Committee, based on relevant data (aerial photographs, survey result map, etc.), uses the said part as a road prior to the determination of urban planning facilities, thereby falling under

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