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(영문) 서울행정법원 2017.11.16 2017구단62153
손실보상금증액
Text

1. The Defendant’s KRW 43,00,50 for the Plaintiff and 5% per annum from November 23, 2016 to October 23, 2017.

Reasons

1. Details of ruling;

(a) Name of the project (1) project: The location and area of the public housing project (B) : Overcheon-si, Da Dong-dong, 1,353,180 square meters: The project implementer: the Defendant (4) the details of the approval for the implementation of the project; ① the public announcement on May 18, 201 on the public inspection of the Bogeumjari Housing District; ② the public announcement on the public inspection of the Bogeumjari Housing District on October 5, 201 (Public Notification E-Public Notification of the Ministry of Land, Infrastructure and Transport) (the date of public announcement of the project approval; ④ the public announcement of the approval for the alteration of the Bogeumjari Housing District and the district plan (Public Notification of the Ministry of Land, Infrastructure and Transport) on December 20, 2012 (Public Notification of the approval for the alteration of the public housing district plan (Public Notification of the Ministry of Land, Infrastructure and Transport) on April 29, 2014 (Public Notification of the Ministry of Land, Infrastructure and Transport)

(b) Subject to the expropriation adjudication (1) on September 29, 2016 by the Central Land Expropriation Committee on September 29, 2016: (2) 950,589,000 square meters (hereinafter referred to as “Plaintiff’s land”) prior to Icheon-si, the Plaintiff owned: (3) The date of commencement of expropriation: The Korea Land Expropriation Corporation, the Pacific Appraisal Corporation, and the Korea Land Appraisal Corporation.

(c) Increase in compensation for losses by the Central Land Expropriation Committee on April 27, 2017: The Plaintiff’s land 953,041,500 won (2) appraisal: The Plaintiff’s land 953,041,50 won (based on recognition) appraisal: The Plaintiff’s land 953,041,50 won (based on recognition); the Plaintiff’s sports division of the Korea Land Appraisal Board (based on recognition); the facts that there is no dispute; the evidence Nos. 1, 2, 4, and 5; the evidence Nos. 1, 2, 2, 3-1,

2. Determination:

A. The purport of the Plaintiff’s assertion is that the Plaintiff’s land calculated in the adjudication on acceptance of compensation for losses and the adjudication on compensation for losses is low.

The amount of compensation according to the results of the court appraisal shall be increased.

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

C. As a result of the market price appraisal by the J of the fact-finding appraiser J, the Plaintiff’s land was assessed as KRW 96,042,00 on September 29, 2016, which was the date of expropriation ruling.

The court appraiser shall select 1708 square meters prior to K as a comparative standard for the land located in the same or similar area as the Plaintiff's land and the specific use area, use status, land category, surrounding environment, etc., and publicly notify the public announcement of the project approval on October 5, 201.

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