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(영문) 서울행정법원 2017.07.13 2016구합84368
수용보상금증액 청구의 소
Text

1. The Defendant’s KRW 18,827,860 for the Plaintiff and 5% per annum from July 16, 2016 to July 13, 2017.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: B Housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): Public notice - The defendant on December 3, 2013

B. Decision on expropriation made on May 27, 2016 by the local Land Tribunal of Seoul Metropolitan City: Seongbuk-gu Seoul Metropolitan Government D-159.5 square meters (hereinafter referred to as “instant land,” and Seongbuk-gu Seoul E-dong, hereinafter referred to as “E-dong”) owned by the Plaintiff and obstacles on the attached list on its ground (hereinafter referred to as “in the instant obstacles”): The starting date of expropriation: July 15, 2016 - Expropriation compensation amounting to KRW 570,948,540 (i.e., compensation amounting to KRW 432,268,920 for the instant land): Compensation amounting to KRW 138,679,620 for the instant obstacles (i.e., compensation amounting to KRW 432,68,920 for the instant land): An appraisal corporation: An appraisal corporation0,

C. The Central Land Expropriation Committee’s ruling on November 24, 2016 - Expropriation compensation amounting to KRW 584,073,190 (i.e., compensation amounting to KRW 443,330,250 for the instant obstacles): An appraisal corporation: a light-based appraisal corporation; a one-company appraisal corporation; a one-company appraisal corporation (hereinafter “an appraisal corporation”); and a one-company appraisal corporation (hereinafter “appraisal”); the result of appraisal of expropriation; hereinafter “appraisal”) did not dispute [based on recognition]; evidence A 1 through 8; evidence B 1 and 2 (including each number; hereinafter the same shall apply); and the purport of the entire pleadings; and the purport of the entire pleadings.

2. The assertion and judgment

A. In appraising the instant land and obstacles, the Plaintiff’s assertion and appraisal is erroneous by excessively lowering the amount of compensation in violation of relevant Acts and subordinate statutes, such as the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”). As such, the difference between the amount of compensation and the reasonable amount of compensation is 72,140 won from the amount calculated by subtracting the amount of compensation for objection from the amount of the court’s appraisal on the instant land and obstacles.

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