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(영문) 서울행정법원 2020.02.05 2019구단64917
손실보상금
Text

1. The Defendant’s KRW 359,822,580 as well as 5% per annum from November 10, 2018 to December 2, 2019 to the Plaintiff.

Reasons

1. Details of ruling;

A. On December 29, 2017, the head of the Jung-gu Seoul Metropolitan Government publicly announced the authorization to implement the urban environment rearrangement project of the zone C corporation pursuant to Article 28 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017 and enforced from February 9, 2018).

(J) Jung-gu E.b.

The Seoul Special Metropolitan City Local Land Expropriation Co., Ltd. filed an application for adjudication in order to acquire the land to be expropriated (hereinafter referred to as “land to be expropriated in this case”) in Jung-gu Seoul Special Metropolitan City, which is located in the above rearrangement zone, and the Seoul Special Metropolitan City Local Land Expropriation Committee set the starting date of expropriation as of November 9, 2018 with regard to the land to be expropriated in this case on September 28, 2018.

C. On June 27, 2019, the Central Land Expropriation Committee filed an objection against the said adjudication of expropriation. On June 27, 2019, the said Central Land Expropriation Committee rendered an objection to the change of compensation for losses to KRW 7,748,39,160 (=18,112,200 x 427.8 square meters) on the instant land subject to expropriation (hereinafter “instant adjudication”).

On the other hand, on June 12, 2019, the implementer of the above improvement project changed the defendant to C Co., Ltd.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Each appraisal that forms the basis for the judgment of this case and each appraisal and appraisal of the court appraiser in the lawsuit of this case (land to be expropriated - non-standard - non-standard 0.00.00.00.00.981.00.001.00.960.980. 01.00.91.00.91.000.91.000.91.00.91.00.91.000.91.000.91.000.91.000.900.900. 1.000.900.90. 90.00. 90.00. 90.00. 90.00. 90. 0. 0. 90. 0. 90. 0. 90. 0. 90. 90. 0. 90 0. 0. 0. 90. 0. 9. 0. 10. 0. 9. 0. 0. 0. 10. 10. 8

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