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(영문) 서울행정법원 2016.07.07 2015구합63739
손실보상금
Text

1. The Defendant’s KRW 35,603,100 as well as annual 5% from December 13, 2014 to July 7, 2016 to the Plaintiff.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: BBA housing redevelopment and rearrangement project (hereinafter referred to as “instant project”): Public notice - Seodaemun-Public notice D on March 31, 2009, and the same notice D on March 27, 2013 - Defendant

(b) The Seoul Special Metropolitan City Regional Land Tribunal’s adjudication on expropriation of October 24, 2014 - The land to be expropriated: Seodaemun-gu Seoul Western-268.5 square meters (hereinafter “instant land”): Compensation for losses: 1,341,546,820 won - The date of commencement of expropriation: 1,341,546,820 won: - The appraisal corporation: the appraisal corporation, the company, the appraisal corporation, the company, the Pacific appraisal corporation;

C. The Central Land Tribunal’s ruling on an objection made by April 23, 2015 - Increase the amount of compensation for losses to KRW 1,371,014,700 - An appraisal corporation: a virtual appraisal corporation, a stock company, a single appraisal corporation (hereinafter “adjudication appraisal”) [based on recognition], a non-contentious fact, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 through 4, and the purport of the entire pleadings, as a whole,

2. The assertion and judgment

A. The Plaintiff’s assertion appraisal is unfair by evaluating the instant land excessively low. As such, the Defendant should additionally pay the difference with the reasonable compensation to the Plaintiff.

B. 1) Determination 1) As a result of the appraiser F’s appraisal conducted by this Court upon request by this Court (hereinafter “court appraisal”), the appraiser is “court appraiser”.

According to the above, the court appraiser shall have the same specific use area, the current use, and the land category as the G land category are similar to the same or similar G land (hereinafter “instant comparative standard land”).

(2) On January 1, 2009, the Defendant calculated the compensation amount of KRW 1,406,617,800 as of the date of the ruling of expropriation by taking into account the following factors into account: (a) the time adjustment as of January 1, 2009 based on the officially announced land price; and (b) comparing the regional and individual factors; and (c) the other factors; and (d) the compensation amount of KRW 1,406,617,80 based on the date of the ruling of expropriation.

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