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(영문) 서울행정법원 2018.06.27 2017구단78691
손실보상금
Text

1. The Defendant’s KRW 4,250,00 for the Plaintiff and its related KRW 5% per annum from November 19, 2016 to June 27, 2018.

Reasons

1. Details, etc. of ruling;

(a) Authorization and announcement of project implementation - Project name: B housing redevelopment rearrangement project - Project implementer: Defendant - Public announcement of project implementation authorization: Songpa-gu Seoul Metropolitan Government public announcement on August 16, 2013;

B. Decision on expropriation made on September 30, 2016 by the local Land Tribunal of Seoul Metropolitan City: F apartment (hereinafter referred to as “instant apartment”) G (including the parking lot of the instant apartment, the underground room, the stairs room, the management room, etc. of the instant apartment, and the above D, E, the land of the instant apartment, including the common area of common use, such as the parking lot, the underground room, the stairs room, and the management room, and 34.23/2,423 shares of each of the instant apartment: hereinafter referred to as “subject matter of expropriation”) - The date of commencement of expropriation: The adjudication on expropriation on November 18, 2016 - Compensation for losses: 27,500,000 won: The H27,50,000

(c) The Central Land Tribunal’s ruling on an objection made on October 26, 2017 - Compensation for losses: 280,750,000 won - The appraiser for an objection made: the Dispute Settlement Council, the K in charge of the settlement of disputes (based on recognition), the records in subparagraphs 1 through 4, and the statements in subparagraphs 1 through 4, and the purport of the whole pleadings;

2. The assertion and judgment

A. The market value of the section for common use should be evaluated specifically, apart from the section for exclusive use at the time of the adjudication. The appraisal by the court appraiser L (hereinafter the above appraiser, the above appraisal by the court appraiser, the above appraisal by the court) also did not properly appraise the section for common use of the object of expropriation, i.e., the omission of evaluation on the section for common use.

Thus, the court's appraisal failed to calculate the reasonable compensation for the subject matter of expropriation of this case.

The market value of the subject matter of expropriation at least 2,750,000 won, which is the result of the court appraisal, is more than 285,000,000 won when the fair appraisal of common areas of the subject matter of expropriation of this case is made.

Therefore, the Plaintiff is therefore the Plaintiff.

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