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(영문) 서울행정법원 2018.08.22 2018구단52276
보상금증액청구
Text

1. The defendant has to the plaintiffs each money stated in the "amount of tolerance" list of the cited amount in attached Form 3 and the appraisal of the "court."

Reasons

1. Details, etc. of ruling;

(a) Authorization and announcement of project implementation - Project name: M redevelopment rearrangement project - Project implementer: Defendant - Public announcement of project implementation authorization: N in the Eunpyeong-gu Seoul Metropolitan Government public announcement of December 11, 2014;

(b) The adjudication of expropriation by the local Land Tribunal on January 20, 2017 - The object of expropriation shall be as specified in attached Table 1;

(hereinafter referred to as “the subject matter of expropriation of this case”) - The adjudication of expropriation of compensation: as shown in the corresponding part of the attached Table 2 of compensation for losses.

- Commencement date of expropriation: March 10, 2017

The Central Land Tribunal's ruling on December 21, 2017 - Compensation for losses by an objection: The same shall apply to the statement in the corresponding part of the compensation table for losses in attached Form 2.

- An appraisal corporation: A certified public appraisal corporation which has agreed to operate a partnership, but a certified public appraisal corporation [based] has no dispute, entry in Gap's 1 to 3, Eul's 1 to 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings;

2. The assertion and judgment

A. The Plaintiffs’ assertion 1) Claim for damages on the increased compensation for losses due to the instant ruling was made by the Defendant on January 22, 2018, and the Defendant deposited the increased compensation for losses (the compensation for losses - the expropriation adjudication) in accordance with the instant ruling. As such, the Defendant is obligated to pay the Plaintiffs damages for delay (the delayed period: March 11, 2017 or January 22, 2018 from the date following the date of commencement of expropriation) on the increased compensation for losses (the delayed period: the date from March 11, 2017 to the date of deposit). 2) The Defendant is obligated to pay the Plaintiffs the amount equivalent to the difference between the appraised amount under the court’s appraiser’s appraisal report (hereinafter “court’s appraisal”) and the compensation for losses due to the instant ruling on compensation for losses (the same shall apply to the statement on the increase in compensation for losses in attached Form 2) and the delay damages.

B. As to the claim for damages for delay regarding increased compensation for losses by the judgment of the first instance, No. 2 and No. 2.

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