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(영문) 서울행정법원 2019.01.10 2017구단80205
손실보상금 감액청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

(a) A project approval and public announcement - A public housing project: A public housing project (Seoul B public housing zone (hereinafter referred to as "instant project"): A project operator: Plaintiff - A project approval: A public announcement of the designation of the Seoul Special Metropolitan City B public housing zone on June 16, 2016;

B. On October 19, 2017, the Central Land Tribunal rendered an adjudication on expropriation by the Central Land Tribunal without going through the procedure of adjudication on objection by the Central Land Tribunal, and immediately filed the instant lawsuit.

- The object of expropriation: 1/2 of the equity in Seongbuk-gu Seoul Metropolitan Government D large 79 square meters (hereinafter referred to as "D land") owned by the Defendant and 1/2 of the equity in E large 60 square meters (However, the land at issue was evaluated as "road"; hereinafter referred to as "E land"), unlike the land category: December 12, 2017; - 1/2 of the equity in the land at KRW 77,025,00 in compensation D land: 1/2 of the equity in the land at KRW 77,025,00 in compensation for losses: 19,290,000 in the amount of KRW - An appraisal corporation: The fact that there is no dispute over the F Bank of Korea, G (based on recognition), each entry in the number of subparagraphs 1 through 4 (including a serial number; hereinafter the same shall apply) and the purport of the entire pleadings.

2. The assertion and judgment

A. Although the Plaintiff’s assertion D land is a “private road in fact” and the amount of compensation should be calculated at a price within the limit of 1/3 of the appraised value of neighboring land, there is an error in calculating the amount of compensation based on the “building” which is the land category of the said land.

Therefore, the Plaintiff asserts that the amount of compensation determined in the adjudication of expropriation should be reduced by adding the arithmetic average of the amount appraised by three appraisal corporations which conducted an appraisal for consultation compensation (the actual use of the land shall be deemed as "road" and the amount of compensation for expropriation of the E land should be reduced by adding the arithmetic average of the amount appraised by three appraisal corporations which conducted an appraisal for consultation compensation.

shall be reduced by the court.

(b) as shown in the attached Form of the relevant statutes.

C. 1) Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”)

(b).

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