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(영문) 서울행정법원 2020.01.16 2018구단71253
손실보상금
Text

1. The Defendant’s KRW 103,153,268 to the Plaintiff and KRW 5% per annum from November 11, 2017 to January 16, 2020 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public announcement - Project name: B housing redevelopment and rearrangement project - Project implementer: Defendant - A public announcement of project approval: Eunpyeong-gu Seoul Metropolitan Government on September 15, 2011;

B. Decision on expropriation made by the local Land Tribunal on September 22, 2017 - The Plaintiff’s land expropriation object: ① all obstacles, such as ground buildings, etc. on the land of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “D land”), owned by the Plaintiff; however, at the time when an appraiser who conducted a court’s appraisal conducted a field investigation, all obstacles had been destroyed at the time of the field investigation, and was excluded from the evaluation; accordingly, the Plaintiff actually withdrawn the claim for the increase of compensation for obstacles through the application for the change of the purport of the claim and the cause of the claim made on August 19, 2019 and November 29, 2019; and the same should not apply to the increase of compensation for obstacles.

② The details of the adjudication on expropriation of 44 square meters on the above E-road (hereinafter “E land”) and the statement of compensation for the said adjudication are indicated as the “building site”.

However, in full view of the respective entries and the purport of the entire arguments in Eul's evidence Nos. 1 through 4 (including the provisional number), the K-F and the K-BAB evaluated the value of the land on the premise that the actual use of the land in question is "road". The K-BA and the K-BABB also assessed the value on the premise that the actual use of the land in question is "road". Thus, it seems that the portion of the appraisal and the compensation statement of the above land in the expropriation ruling and the compensation statement of the objection are written as "large" is erroneous.

Of them, 41/149 shares - Shares of 41/149 - Shares of 4,752,328,000 won (unit price: 10,514,000 won/land size): 12,288,990 won (unit price: 1,015,000 won/land size): - An appraisal corporation on November 10, 2017 - An appraisal corporationF, a credit rating company, G- a comparative standard: The two appraisal corporations.

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