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(영문) 서울행정법원 2018.09.06 2018구단62075
손실보상금증액 등 청구의 소
Text

1. The Defendant’s KRW 42,670,380 as well as 5% per annum from August 12, 2017 to September 6, 2018 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: B-B-Promotion Area Housing Redevelopment Improvement Project - Project operator: Defendant - Public announcement of project approval: Nowon-gu in Seoul Special Metropolitan City on November 6, 2014;

B. Decision of expropriation made on June 23, 2017 by the local Land Tribunal of Seoul Special Metropolitan City: ① 1/3 of the 282 square meters of the D Large 282 square meters (hereinafter “instant land”) ② All 1/2 of the obstacles to D ground buildings, etc. in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant obstacles”) ③ Business compensation of “F” operated by the Plaintiff in Seoul Special Metropolitan City, Nowon-gu, and business compensation of “G” operated by the Plaintiff in Seoul Special Metropolitan City, Nowon-gu, but the date of expropriation (limited to the relocation cost in the case of the above “G”): - The instant obstacles in the instant land: 646,250,000 won: 260,860,520 won: 31,072,000 won: 30,000 won business compensation of “G: 1,500,000 won with additional payment of KRW 31,230,2361.25.20

C. Determination by the Central Land Tribunal on April 26, 2018 - The instant obstacles: 720,040,000 won: Business compensation of KRW 269,189,720: 30,387,000: Business compensation of KRW 1,00,000 (limited to relocation expenses) - Additional dues of KRW 141,767,850 (338 days for delayed days from March 22, 2016 to February 22, 2017) / The fact that there is no dispute over the instant obstacles: the entry of KRW 1,38,00 (including additional numbers; hereinafter the same shall apply) and the purport of the entire pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that this case’s land and obstacles, the F, “F,” and “G”’s respective business compensation cannot be deemed a reasonable compensation amount. The court’s appraisal result (the Plaintiff filed an application for the preservation of evidence with the Seoul Administrative Court on November 13, 2017 to seek a market price appraisal of the instant land and obstacles, and the said preservation case had already been appraised (the Seoul Administrative Court 2017ia12953).

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