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(영문) 서울행정법원 2018.05.17 2017구합251
손실보상금 증액 청구
Text

1. The Defendant: (a) KRW 226,257,300 for the Plaintiff and KRW 5% per annum from January 4, 2017 to May 17, 2018.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: B Bogeumjari Housing District - Public notice: The defendant on December 8, 201, publicly notified by the Ministry of Land, Transport and Maritime Affairs C - Project operator:

B. The Central Land Tribunal’s ruling on expropriation by November 10, 2016 - Land to be expropriated: Each real estate indicated on the details of compensation in the separate sheet owned by the Plaintiff (hereinafter “each of the instant lands”) and each land shall be classified into “instant land” and “instant two land” according to the sequence of the details of compensation in the separate sheet: The date of commencement of expropriation: January 3, 2017 - Compensation: The same shall apply to the column of the appraisal compensation in the separate sheet of the details of compensation in the separate sheet.

- An appraisal corporation: An appraisal corporation and E appraisal corporation (hereinafter referred to as “adjudication appraisal”) [based on the basis of recognition]; there is no dispute; Gap evidence 2; Eul evidence 1; Eul evidence 3-1; Eul evidence 3-2; and the purport of the whole pleadings;

2. The assertion and judgment

A. The Plaintiff’s assertion, appraisal, etc. did not reflect that each of the instant lands is actually used as a miscellaneous land, and thus, the amount of compensation was lower based on the current status and different appraisal. Since the difference between the adjudication, appraisal compensation and the reasonable compensation is KRW 150,000 per square meter, the Defendant is obligated to pay the Plaintiff the amount of KRW 986,850,000 (=150,000 x 6,579 square meters) and damages for delay.

(b) as shown in the attached Form of the relevant statutes;

C. On the premise that the present condition of each of the instant lands is “the answer,” the appraisal of the instant judgment is based on the premise that the present condition of each of the instant lands is “the land,” the land of this case and the restrictions and actual conditions of use under public law, and the reference land which is a reference land with the same or similar surrounding environment, the Seoul Gangdong-gu Seoul Metropolitan Government F

The appraisal value of each of the instant lands as of November 10, 201, which was the date of the adjudication of expropriation through the revision of time, comparison of regional factors, comparison of individual factors, and correction of other factors. The appraisal corporation’s officially announced land price as of January 1, 201 as of January 1, 201, is calculated as follows.

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