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(영문) 서울행정법원 2017.09.22 2016구합79601
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details, etc. of ruling;

(a) Project approval and public announcement - Project name: B housing redevelopment and rearrangement project - Project implementer: Defendant - Public announcement: Seongbuk-gu Seoul Metropolitan Government public announcement on July 3, 2014;

B. The Seoul Special Metropolitan City Local Land Tribunal’s ruling of expropriation on December 18, 2015 - Date of expropriation: February 5, 2016 - Compensation: Seongbuk-gu Seoul Special Metropolitan City D-86 square meters owned by the Plaintiff: The Seoul Special Metropolitan City Land Tribunal deemed the status of the use of the part of 64 square meters out of the above land as a site and the status of the use of the remaining 22 square meters as a road, and then calculated the compensation of the above land as KRW 225,893,30 in a lump sum.

- An appraisal corporation: An appraisal corporation and an appraisal corporation for a corporation;

C. The Central Land Tribunal rendered an objection on September 29, 2016 - Compensation: The Central Land Tribunal also dismissed the Plaintiff’s objection on the ground that the compensation for the said land computed by the Seoul Special Metropolitan City Land Tribunal is adequate, on the ground that the current status of the use of the portion of 64 square meters out of the said land is the site and the remaining 22 square meters as a road.

- An appraisal corporation: A new appraisal corporation in the future of a corporation and a tax appraisal corporation;

D. 1) The court appraiser E calculated the compensation amount of the above land as KRW 206,750,60 on the premise that the use status of the portion of 22 square meters out of the above land is a road (i.e., compensation amount of KRW 185,676,800 in the above land) (i.e., KRW 21,073,80 in the above land) on the condition that the compensation amount of the above land is calculated as KRW 22 square meters. (ii) On the premise that the use status of the portion of 22 square meters in the above land is a site, the above court appraiser E, upon whom this court’s request for the supplementation of appraisal and assessment was made, calculated the compensation amount of the above land as KRW 249,503,200 in the above land (i.e., KRW 185,676,800 in the compensation amount of KRW 63,826,400 in the above land).

(hereinafter the above appraiser is referred to as “court appraiser”, and the above land is referred to as “D land”, and the part of 22 square meters out of the above land is referred to as “instant land” (based on recognition).

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