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(영문) 서울행정법원 2018.10.26 2017구합7023
수용재결취소등
Text

1. Defendant Gwangjin-gu, Seoul Special Metropolitan City pays KRW 8,523,400 to the Plaintiff.

2. The plaintiff's defendant.

Reasons

1. Case history

A. Defendant Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “Defendant Gwangjin-gu”), as the project implementer of the “project for the construction of roads between B and C” (hereinafter “instant project”), the urban planning facility project, approved the implementation plan for the instant project pursuant to Article 88 of the National Land Planning and Utilization Act, and publicly notified the implementation plan on October 29, 2015 pursuant to Article 91 of the same Act.

B. The Defendant Gwangjin-gu intended to consult with the Plaintiff on compensation in order to acquire the land and goods listed in the attached Table 1 List (hereinafter “instant land”) owned by the Plaintiff to be incorporated in the instant project zone (hereinafter “instant goods”). However, when the Plaintiff failed to comply therewith and thus it was impossible to proceed with the consultation, the Defendant Gwangjin-gu filed an application for adjudication with the local Land Tribunal of Seoul Special Metropolitan City.

C. The Seoul Special Metropolitan City Local Land Tribunal made a decision to expropriate the instant land and goods as compensation for losses (i.e., KRW 132,407,90 for the instant land and goods) (i.e., KRW 48,352,00 for the instant goods), and (ii) on April 14, 2017 for the commencement date of expropriation (hereinafter “instant adjudication”).

On September 21, 2017, the Plaintiff filed an objection with the Central Land Expropriation Committee (hereinafter “Defendant Committee”), stating that “(i) the revocation of the recognition of the instant project, ② the arbitration for the purchase of the neighboring cities of the instant land, ③ the alteration of the road line type, ④ the expropriation of the remaining land and the remaining buildings, ⑤ the increased amount of compensation. The Defendant Committee dismissed the Plaintiff’s claim for the expropriation of the remaining land and the remaining buildings from September 21, 2017, and increased the compensation amount of KRW 192,069,80 from KRW 180,759,90 to KRW 192,069,80 (i.e., the part of the instant land to KRW 139,485,000 from KRW 139,584,80,00). The revocation of the recognition of the instant project, and the part demanding the purchase of the neighboring city and the alteration of the road line type.

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