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(영문) 서울행정법원 2018.06.27 2017구단56813
손실보상금
Text

1. The Defendant: (a) KRW 20,507,914 for each of the Plaintiffs, as well as KRW 5% per annum from April 5, 2017 to August 21, 2017; and (b) respectively.

Reasons

1. Details, etc. of ruling;

(a) A project approval and public notice - A public housing project: A public housing project (hereinafter referred to as the “instant project”) - A public housing project approval: F notified by the Ministry of Land, Transport and Maritime Affairs, dated December 8, 2011;

(b) Project operator: Defendant;

(c) The Central Land Expropriation Committee’s ruling on expropriation on February 9, 2017 - All trees on the ground of Gangdong-gu Seoul Metropolitan Government 619 weeks (attached Form 1 (hereinafter “attached Table 1”).

- Each of the plaintiffs' 1/4 co-ownership shares (hereinafter referred to as "each of the subject items of expropriation in this case") - The date of expropriation: The plaintiffs' compensation for losses on April 4, 2017 - Each of the plaintiffs 3,688,750 won: The appraisal corporation: the appraisal corporation and the appraisal corporation in charge of the management of the appraisal corporation and the appraisal corporation (hereinafter referred to as "appraisals of expropriation") in the form of the appraisal corporation and the appraisal corporation in charge of the management of the appraisal corporation (hereinafter referred to as "appraisals of expropriation") [the grounds for recognition]] without dispute; Gap's evidence 1, 2, Eul evidence 1, 2 (including a serial number; hereinafter the same shall apply); and the purport of the whole pleadings and arguments.

2. The assertion and judgment

A. 1) The plaintiffs' assertion 1) The court appraiser H's appraisal result (hereinafter the above appraiser is referred to as "court appraiser" and the above appraisal is referred to as "court appraisal" due to just cause as to each of the objects of confinement in this case.

(2) Each of the assessed values of KRW 24,196,664 (=30,245,830 (i.e., each of the instant trees compensation amounting to KRW 120,983,326 x the Plaintiff’s co-ownership x KRW 1/4, and KRW 1/4) x the Plaintiff’s co-ownership x KRW 0.8) x 20,507,914 (=24,196,64 - KRW 3,68,750) and compensation for losses for expropriation adjudication / each of them (i.e., payment of damages for delay) and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

Article 68 of the Act on the Selection of Appraisers, etc. and Calculation Standards of Appraisal Fees (the date 2008-1, hereinafter “Rules on Appraisers”)

Articles 2 and 5.

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