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(영문) 서울행정법원 2017.06.02 2016구합76572
손실보상금
Text

1. The Defendant: 12,864,360 won to Plaintiff A; 12,864,360 won to Plaintiff B; 18,504,680 won to Plaintiff C; and 21,343 to Plaintiff D.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: Housing redevelopment and rearrangement - Project implementer: Defendant - Public notice L of Gwanak-gu in Seoul Special Metropolitan City on May 22, 2014;

B. Decision on expropriation made on January 29, 2016 by the local Land Tribunal of Seoul Special Metropolitan City on expropriation - The date of commencement of expropriation: The land to be expropriated (hereinafter referred to as “each land of this case”) listed in the table Nos. 1 through 4, and 10 attached Table Nos. 1 through 10 attached to the J owned by Plaintiffs A, B, C, D, and J as of March 18, 2016 and the “subject to expropriation” listed in the table Nos. 5 through 9 attached to attached Table No. 1 owned by Plaintiffs E, F, G, H, and I (hereinafter referred to as “each partitioned building of this case”) - Compensation: The term “the result of appraisal” in the attached Table No. 1 is as follows.

- An appraisal corporation: An appraisal corporation and Samil appraisal corporation (hereinafter referred to as “appraisals for expropriation”) and the result of appraisal shall be referred to as “the result of appraisal by expropriation”;

C. The Central Land Tribunal’s ruling on August 25, 2016 - Compensation: The phrase “the result of the appraisal of this ruling” in the attached Table is as indicated respectively.

- An appraisal corporation: the Korea Appraisal Board and the Korea Appraisal Board (hereinafter referred to as “Objectioned Appraisal Board”) and the Korea Appraisal Board (hereinafter referred to as “Objectioned Appraisal Board,” and the result of the appraisal is referred to as “the result of appraisal by an objection

D. As a result of the court appraiser M’s appraisal, the phrase “court appraisal result” in the annexed sheet is as stated respectively.

(hereinafter the above appraiser shall be referred to as "court appraiser", and the result of the appraisal shall be referred to as "court appraisal result" / [based on the recognition] without dispute, Gap's 1 through 7 evidence, Eul's 4 through 8 evidence, the result of the appraiser M's appraisal, the whole purport of the pleading.

2. Assertion and determination

A. As the plaintiffs 1' assertion A, B, C, D, and J's ruling appraiser assesss the amount of under-paid compensation by excessively lowering the value of each of the lands of this case, the defendant should additionally pay the difference between the reasonable compensation due to the court's appraisal result and the compensation due to the appraisal result.

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