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(영문) 서울행정법원 2017.03.31 2016구합67325
손실보상금
Text

1. The defendant 37,327,270 won to the plaintiff A, 25,721,410 won to the plaintiff B, 29,078,250 won to the plaintiff C, and 26,460 won to the plaintiff D.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: F Housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): Defendant - Public notice of project implementation authorization: G public notice of Seodaemun-gu Seoul Metropolitan Government on January 4, 2012

B. Adjudication on expropriation made by the local Land Tribunal on December 18, 2015 - Date of expropriation: February 5, 2016: Each land indicated in the column for “land subject to expropriation” in attached Table 1 attached to the Plaintiffs located in the instant project area (hereinafter “instant land”) and obstacles (hereinafter “in this case”), etc. - Compensation: Each compensation indicated in the “date of appraisal of expropriation” in attached Table 1 - Each appraisal corporation: An appraisal corporation, one appraisal corporation, and three appraisal corporations.

C. The Central Land Tribunal’s ruling on May 26, 2016 - Compensation: Each compensation indicated in the column for “the result of the appraisal of the instant ruling” in the attached Table 1 - Each appraisal corporation: An appraisal corporation of a stock company, a central appraisal corporation of a stock company (hereinafter “interested appraiser”); the appraisal conducted by the said appraiser / [based on the appraisal of an objection”; and the result of the appraisal / [based on the appraisal of the said appraisal ] without any dispute; Gap’s evidence 1 through 5; Eul’s evidence 1 through 7 (including the number of branches), and the purport of the entire pleadings;

2. Since the plaintiffs' assertion appraiser has assessed unfair compensation by excessively lowering the value of the land and obstacles of this case, the defendant should pay to the plaintiffs the difference between the reasonable compensation according to the court's appraisal result and the compensation according to the appraisal result.

3. Determination

A. 1) The remaining side of the instant land is located at H elementary school, and the east side of the instant land is located at I University.

The land of this case is mainly located in multi-households, apartment houses, small scale neighborhood living facilities, etc. around the irregular slope.

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