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(영문) 서울행정법원 2017.09.07 2016구합84917
손실보상금
Text

1. The Defendant’s KRW 33,88,470 for the Plaintiff and 5% per annum from July 16, 2016 to July 10, 2017.

Reasons

1. Details of ruling;

(a) Business authorization and public announcement - Business name: Housing redevelopment and rearrangement project (hereinafter referred to as the “instant project”) - Public announcement of project authorization for the implementation of the project: The defendant

B. Decision of expropriation made on May 27, 2016 by the local Land Tribunal of Seoul Metropolitan City: The subject matter of expropriation: the land in question owned by the Plaintiff is 184-15 square meters wide and 362 square meters wide, Seodaemun-gu, Seoul (hereinafter “instant land”) and the obstacles in the attached list thereof (hereinafter “instant obstacles”): July 15, 2016: - Expropriation compensation amounting to 2,99,276,550 won (=compensation amounting to 2,204,435,200 won for the instant land) - An appraisal corporation: An appraisal corporation and a central appraisal corporation;

C. The Central Land Expropriation Committee’s ruling on November 24, 2016 – Compensation for expropriation: 3,025,316,060 won (i.e., compensation for the instant obstacles in the instant case at KRW 2,216,326,90 for the instant land): - An appraisal corporation: a corporation that is a stock-listed appraisal corporation and a uniform appraisal appraisal corporation (hereinafter referred to as “adjudication appraiser” together with an appraisal appraisal corporation; the result of the appraisal is referred to as “adjudication” along with the appraisal appraisal report; hereinafter referred to as “appraisal”) - The fact that there is no dispute over the outcome of the appraisal of expropriation at issue; Party A’s statements in subparagraphs 1 through 3 (including each number; hereinafter the same shall apply); and the purport of the whole pleadings and arguments as a whole.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The appraisal related to the claim for the increase of compensation is unfair by evaluating the instant land and obstacles owned by the Plaintiff excessively low. As such, the Defendant is obligated to pay 3,88,470 won, the difference between 3,059,204,530 won due to the court’s appraisal and 3,025,316,060 won due to the court’s appraisal. 2) The Defendant related to the claim for the payment of interest in arrears, based on the instant project.

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