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(영문) 서울행정법원 2016.07.21 2015구합6187
수용재결취소등
Text

1. The defendant

A. Plaintiff B: (a) KRW 52,218, Plaintiff D, E, and F, respectively, KRW 568,145, and each of them from June 26, 2015.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: Sungnam City Urban Planning Facility Project (G; hereinafter referred to as the “instant project”): Public notice - A public notice of Sungnam City on December 19, 2013 - Project operator: Defendant

(b) The Gyeonggi-do Local Land Tribunal’s ruling of expropriation on December 23, 2014 - The object of expropriation: 92 square meters of I forest land and 92 square meters in Seongdong-gu, Sungnam-si (hereinafter “instant land”): The starting date of expropriation: February 6, 2015 - Compensation: 152,272,000 won - The two appraisal corporations and one appraisal corporation;

C. The Central Land Tribunal’s ruling on April 23, 2015 - 158,571,200 won to increase the compensation for the instant land - An appraisal corporation: a dialogue appraisal corporation, a stock company, a stock company, a Korea Standards for Appraisal Corporation (the result of appraisal of expropriation and the result of appraisal of objection, as well as an appraisal of adjudication; hereinafter “appraisal”).

D. The deceased died on February 4, 2016, and the Plaintiffs, the heir of the deceased, taken over the legal proceedings.

(Inheritance portion is 3/11 of the deceased's spouse, and 2/11 of the other plaintiffs who are children of the deceased's spouse, respectively). [The grounds for recognition] The fact that there is no dispute, Gap evidence 1-2, Eul evidence 1-2, Eul evidence 1-1, 2-2, Eul evidence 2-1, and Eul evidence 2-1, 2-2, and the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiffs' assertion appraisal is unfair by evaluating the land of this case excessively low. Thus, the defendant should pay the difference between the plaintiffs' reasonable compensation amount and the fair compensation amount.

B. 1) Determination 1) As a result of the appraisal by a certified public appraiser J affiliated with a State appraisal corporation that was requested by this Court (hereinafter “court appraisal”), the said appraiser shall be deemed to be a “court appraiser”.

According to Section B, with respect to the instant land, the court appraiser takes the land of this case as a comparative standard of 31,818 square meters of K forest land in the Sinnam-si, the specific use area, use status, and land category of which are the same or similar, and makes a timely adjustment based on the officially announced land value on January 1, 2013.

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