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(영문) 서울행정법원 2018.11.09 2018구합52402
수용재결취소등
Text

1. The defendant shall pay 1,342,853 won to the designated parties, including the plaintiff (appointed parties).

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and consolidation project association that has obtained approval from the head of Eunpyeong-gu Seoul Metropolitan Government for the establishment of a housing redevelopment and rearrangement project (hereinafter “instant project”) with the whole housing unit C in Eunpyeong-gu Seoul Metropolitan Government as the project area, and the Plaintiff (hereinafter “party to appointment”) and the designated parties D, and E are those who own 1/35 shares of each of the buildings under Article 302 of the Eunpyeong-gu Seoul Metropolitan Government (hereinafter “each land of this case”) on the ground of the above land F and G land in the said project area (hereinafter “each land of this case”) at a compulsory auction.

B. Around December 2014, the Defendant obtained approval from the head of Eunpyeong-gu Seoul Metropolitan Government for a project implementation plan for the instant project from the head of Eunpyeong-gu, and the head of Eunpyeong-gu Seoul Metropolitan Government publicly announced it as H on December 11, 2014.

C. As the Defendant did not reach an agreement with the designated parties including the Plaintiff (hereinafter “designated parties”), the Defendant filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City. On January 20, 2017, the Seoul Special Metropolitan City Land Tribunal rendered a adjudication of expropriation with respect to compensation for the Plaintiffs holding 1/35 shares of the instant partitioned buildings, respectively, as KRW 1,851,420, and the date of commencement of expropriation was March 10, 2017.

(hereinafter “instant adjudication”). The Defendant deposited KRW 1,851,420 each of the compensation for losses with the designated parties as each of the deposited parties according to the instant adjudication.

The designated parties have raised an objection to the above adjudication, and the Central Land Tribunal, one of the appraisal corporations and one of the appraisal corporations, shall re-assessment the amount of compensation and shall re-calculated the amount of compensation in a way that derives from an arithmetic mean of the amount of compensation, and shall increase the amount of compensation for the designated parties from 1,851,420 to 2,014,280 won, respectively.

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