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(영문) 서울행정법원 2011.07.28 2010구합40670
손실보상금등
Text

1. The Defendant: (a) KRW 157,052,50 to Plaintiff A; (b) KRW 154,875,000 to Plaintiff B; and (c) from October 9, 2010 to each of them.

Reasons

1. Details of ruling;

A. The Defendant is an association established with approval for the establishment of an association from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter “the head of Seongdong-gu”) to implement a housing redevelopment improvement project in the Seoul New Town Zone 3 (hereinafter “instant rearrangement project”).

Plaintiff

A is the owner of Seongdong-gu Seouldong-gu Seoul Metropolitan Government building of 300 square meters (hereinafter “instant land”) and above-ground buildings, F large 149 square meters (hereinafter “instant F land”) and above-ground buildings located within the project zone for the instant improvement project, and Plaintiff B is the owner of Seongdong-gu Seoul Metropolitan G large 413 square meters (hereinafter “instant G land”) and the owner of the above-ground buildings located within the project zone for the instant improvement project.

B. On October 12, 2007, the Defendant obtained project implementation authorization for the instant rearrangement project from the head of Seongdong-gu, and the head of Seongdong-gu publicly notified the project implementation authorization to H on October 15, 2007.

C. The defendant, when publicly announcing the application for parcelling-out on October 16, 2007, received the application for parcelling-out from that time to November 14, 2007, but the plaintiffs did not apply for parcelling-out within the period of application for parcelling-out.

Therefore, the defendant filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City around November 2008, when the consultation period was set from August 27, 2008 to September 30, 2008, and the compensation agreement was not reached, but the consultation was not reached.

E. Meanwhile, on March 18, 2009, the Plaintiff A filed a petition with the Defendant for adjudication of expropriation, which had been conducting a trial on the Defendant’s application for adjudication of expropriation.

F. On March 27, 2009, the local Land Tribunal of Seoul Special Metropolitan City accepted the real estate owned by the plaintiffs, and the compensation for losses shall be recorded in the column of the first adjudication on expropriation in the attached compensation list, and the date of commencement of expropriation shall be the date of expropriation.

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