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(영문) 서울행정법원 2016.06.30 2015구합61887
손실보상금
Text

1. The Defendant’s KRW 46,094,809 as well as 5% per annum from April 18, 2015 to June 30, 2016 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Business name - Business name - Business name : Housing redevelopment and rearrangement project (hereinafter referred to as the “instant project” and the area related to the said project is referred to as the “instant project zone”) - Business operator: Defendant - Public notice of project implementation authorization on January 20, 2012: public notice of Yongsan-gu Seoul Metropolitan Government on January 20, 2012

B. Decision on expropriation made by the local Land Tribunal on February 27, 2015 - Expropriation date: April 17, 2015 - The expropriation date: the land subject to expropriation: the land subject to the Plaintiff’s ownership 97-1 square meters of the gas station in Yongsan-gu, Yongsan-gu, Seoul (hereinafter “instant land”) and 355.6 square meters of the gas station 35.6 square meters of the above ground (hereinafter “instant obstacles”) and the combination of the above land and obstacles (hereinafter “instant obstacles and obstacles”) - Compensation: The land in this case 3,397,31,280 won and the instant obstacles (including suspension of work) - The land in this case 302,396,710 won - The land appraisal corporation, the land appraisal corporation, the land appraisal corporation (hereinafter “appraisal,” and the result of the appraisal “the result of the appraisal”) / [the grounds for recognition], the evidence in subparagraph 1, subparagraph 1-2, and the purport of the entire pleadings as a whole.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) As to the instant land, ① the instant land was significantly modified after the date of authorization for the implementation of the project, and there was authorization for the implementation of the project on October 23, 2014. As such, in calculating the compensation for the instant land, the officially announced value of the comparative standard land shall be based on the officially announced value on January 1, 2014, not on the date of the first public announcement of authorization for the implementation of the project, but on the date of the new authorization for the

(2) In revising other factors, the court’s appraisal has taken into account the land A in the Yongsan-gu Seoul Metropolitan Government as the compensation preference, and it is reasonable to take into account the land B as the compensation preference, and accordingly the above land must be revised as the compensation preference.

B. As to the obstacles of this case, the results of the court appraisal.

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