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(영문) 서울고등법원 2016.07.05 2016누31502
손실보상금
Text

1. Of the judgment of the first instance, the part against the Plaintiffs falling under the part ordering additional payment.

Reasons

1. Details of ruling;

A. The Defendant is the implementer of the Housing Redevelopment Project in Seongdong-gu Seoul Metropolitan Government (O-gu Housing Redevelopment Improvement Project; hereinafter “instant rearrangement Project”); and the Plaintiffs are the owners of land and buildings located within the instant rearrangement project zone.

B. On October 12, 2007, the Defendant obtained project implementation authorization for the instant rearrangement project from the head of Seongdong-gu Office, and announced it to Q Q on October 15, 2007.

C. The details of the land and buildings owned by the Plaintiffs (hereinafter “each real estate of this case”) are as shown in the attached Form 2 real estate ownership.

On July 13, 2012, the Defendant issued a public notice for the application for parcelling-out to the period from July 13, 2012 to August 12, 2012. On August 10, 2012, the Defendant extended the application period for parcelling-out to the period from August 13, 2012 to August 26, 2012, and the Plaintiffs did not apply for parcelling-out within the period of application for parcelling-out.

E. On June 10, 2013, the Defendant filed an application for adjudication with the Seoul Special Metropolitan City Regional Land Tribunal. On November 8, 2013, the Seoul Special Metropolitan City Local Land Tribunal decided to expropriate each of the instant real estate on December 27, 2013.

The amount of compensation for the plaintiffs shall be as stated in attached Form 3 (3).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 10, Eul evidence No. 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion

A. The defendant is obligated to pay the plaintiffs liquidation money equivalent to the market price of each real estate of this case according to the court appraisal.

B. Meanwhile, Article 30(2) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 12471, Mar. 18, 2014; hereinafter “Land Compensation Act”) provides “A project implementer.”

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