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(영문) 서울행정법원 2017.08.11 2017구합52368
수용재결취소등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

(a) Project approval and public notice - Project name: Defendant - Public notice: D Public notice of Pyeongtaek-si on June 10, 2015, and public notice of Pyeongtaek-si on December 16, 2015;

B. The ruling of expropriation made on February 29, 2016 by the Gyeonggi-do Regional Land Tribunal (hereinafter “the instant ruling of expropriation”): The date of expropriation: ① 2,740 square meters for Pyeongtaek-si land, ② 364 square meters for F-road, ③ 39 square meters for G forest: Compensation KRW 1,837,170,000 for the said land (unit price applied to 670,500 for each square meter), ② Compensation KRW 56,423,300 for the Plaintiff’s co-ownership of the said land (unit price applied to 221,000 for each square meter), ③ Compensation KRW 195,510,000 for the said land (unit price applied to 490,000 for each square meter) owned by the Plaintiff

C. On December 22, 2016, the Central Land Expropriation Committee dismissed the Plaintiff’s objection.

As a result of the court appraiser H’s appraisal, the court appraiser H (hereinafter “court appraiser”) calculated the compensation for the above land as KRW 1,947,04,00 (unit price applied to 710,600 per square meter). ② The compensation amount of KRW 59,84,450 for the Plaintiff’s co-ownership with respect to the above land was KRW 59,84,450 (unit price applied to 234,400 per square meter). ③ The compensation amount of the above land was calculated as KRW 198,941,40 (unit price applied to 498,600 per square meter).

E. On April 4, 2016, the Plaintiff prepared a written agreement on acquisition of each of the instant land and filed for ownership transfer registration. On April 4, 2016, the Plaintiff divided into the Defendant on the land ① 2,208 square meters (hereinafter “instant land”).

(2) The Plaintiff’s co-ownership of 1,480,464,00 won with compensation (unit price of 670,500 won per square meter) and the Plaintiff’s co-ownership of 354 square meters with respect to Pyeongtaek-si J road divided from the above land (hereinafter “instant land 2”).

(3) The land of this case (hereinafter “instant land”) is composed of 54,873,210 won (unit price of 221,000 won per square meter) as compensation, and the land of this case (hereinafter “instant third land”). The total land of this case 1 to 3 is “each of the instant land.”

) The content that each claim for KRW 195,510,000 (the applicable unit price per square meter shall be KRW 490,000.

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