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(영문) 서울행정법원 2017.05.26 2016구합76596
손실보상금
Text

1. The Defendant’s KRW 23,006,370 for the Plaintiff and 5% per annum from March 19, 2016 to May 26, 2017.

Reasons

1. Details, etc. of ruling;

(a) Project name (1) Project approval and public announcement: A project implementer for a housing redevelopment rearrangement project 2): Defendant 3: Public announcement of project implementation authorization on May 22, 2014; Gwanak-gu in Seoul Special Metropolitan City;

B. The date of expropriation on January 29, 2016 of the Seoul Special Metropolitan City Regional Land Expropriation Committee (hereinafter “Local Land Expropriation Committee”) on the date of expropriation: The object of expropriation on March 18, 2016: D Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant land”) and compensation for its ground obstacles (the Plaintiff is seeking to increase compensation for the instant land only): 3: An appraisal corporation of KRW 756,472,50 (hereinafter “Appraisal Committee”) 756,472,50: Sam Chang and T&D Co., Ltd. (hereinafter “Appraisal Committee”), and the result of the appraisal is referred to as “the result of the appraisal of expropriation”).

C. Compensation 1 by the Central Land Tribunal on August 25, 2016: The Plaintiff’s request for increase: The Korea Appraisal Board and the Korea Appraisal Board and the Korea Appraisal Board and the Korea Appraisal Board (hereinafter “Appraisal Board”) for appraisal: The result of the appraisal is “the result of the appraisal by an objection” and “the appraiser by an objection,” and the appraisal by an objection is “the appraiser by an appraisal by an adjudication”).

(d) Results of appraiser E’s appraisal: 79,478,870 won (hereinafter the above appraiser’s appraiser’s “,” and the result of the appraisal’s appraisal / [based on recognition] of absence of dispute, Gap’s entries in Gap’s evidence 1, 2, 4 through 7, Eul’s evidence 8, the result of the appraisal by the court, and the purport of the whole pleadings;

2. The assertion and judgment

A. Since the Plaintiff’s assertion appraiser assessed the excessive amount of compensation by evaluating the value of the instant land too low, the Defendant should additionally pay to the Plaintiff the difference between the reasonable compensation according to the court’s appraisal result and the compensation based on the appraisal result.

(b) The attached Form of relevant statutes is as follows.

C. In the lawsuit on the increase or decrease of land expropriation compensation, each appraisal agency, which forms the basis for adjudication, and the court.

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