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(영문) 서울행정법원 2021.03.25 2019구단74945
수용보상금증액
Text

1. Of the instant lawsuit, the Plaintiff B’s claim for the payment of compensation for losses on the damaged materials.

Reasons

1. Details, etc. of ruling;

(a) Business recognition and public announcement - Business name: A housing redevelopment and improvement project (hereinafter referred to as the “project in this case”) - Location and size: approximately 47,199 square meters (hereinafter referred to as the “project in this case”) in Seodaemun-gu Seoul Metropolitan Government - Public announcement of the maintenance plan: Defendant - Public announcement of Seodaemun-gu Seoul Special Metropolitan City on December 9, 2008 - Public announcement of the business recognition approval (public announcement of the business approval implementation plan): The public announcement of the Seodaemun-gu Seoul Special Metropolitan City on April 20, 201

B. Decision on expropriation on January 25, 2019 by the Seoul Special Metropolitan City Land Expropriation Committee (hereinafter “instant adjudication on expropriation”): The object of expropriation is as stated in the column for “subject matter of expropriation” in the attached Table 4 loss compensation list (hereinafter “subject matter of expropriation in this case”) (hereinafter “subject matter of expropriation in this case and, individually, it shall be specified only once and twice in that case): - The starting date of expropriation: March 15, 2019 - Compensation: the statement in the column for “amount of adjudication” in the attached Table 4 loss compensation list.

- An appraisal corporation: G/H corporation

C. The Central Land Expropriation Committee’s ruling on Oct. 24, 2019 (hereinafter “the instant ruling”) - Compensation for losses: as indicated in the column for “the amount of adjudication” in the attached Form 4 compensation list.

- An appraisal corporation: I.S. and J. (hereinafter referred to as “appraisal”) as to the results of the appraisal;

D. The appraisal results of this Court (hereinafter “court appraisal”) - The appraisal appraisal value: as shown in the column of “court appraisal amount” list of losses compensation in annexed Form 4.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, 11, Eul evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply), appraiser K's appraisal result, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiffs 1) The adjudication on the acceptance of the instant case and the compensation amount for the said adjudication are too low to assess the price of the subject matter of expropriation of the instant case, thereby falling short of a legitimate compensation. In the case of Plaintiff B, the reconcing of “a list of obstacles” in attached Form 2 (hereinafter “this case”).

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