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서울행정법원 2018.04.25 2017구단64166

손실보상금

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details, etc. of ruling;

(a) Authorization and announcement of project implementation - Project name: E-Housing redevelopment rearrangement project - Project implementer: Defendant - Public announcement of project implementation authorization: Eunpyeong-gu Seoul Metropolitan Government public announcement of December 11, 2014;

B. Decision of expropriation made on July 22, 2016 by the local Land Tribunal of Eunpyeong-gu, Seoul: ① Moving H apartment (the form of the building is multi-household house; hereinafter “instant apartment”) to H apartment (including common areas, such as the parking lot of the instant apartment and the shares of 27.94/534.5m2, which are the site of the instant apartment; hereinafter the same shall also apply to the remaining plaintiffs), ② Plaintiff B’s Non-Dong 301, ③ Plaintiff C’s 202m2 moving to the instant apartment, ④ Plaintiff C’s 302m2m2 moving to the instant apartment (hereinafter referred to as “the object of expropriation”): Plaintiff D’s moving to the instant apartment (hereinafter referred to as “the date of each of the above objects of expropriation”): The date of expropriation by the appraisal corporation of Sep. 9, 2016 - the date of expropriation: 100m20, the appraisal corporation, each of the appraisal corporation: the date of expropriation.

(c) The Central Land Tribunal’s ruling on May 25, 2017 – The fact that no dispute exists over the increased compensation for losses due to the said ruling (based on recognition), Gap evidence 1, Eul evidence 1 through 4 (including branch numbers, if any; hereinafter the same shall apply), and the purport of the entire pleadings;

2. The assertion and judgment

A. 1) The Defendant is obligated to pay the Plaintiffs the amount of KRW 23,600,00,000, corresponding to the difference between the appraised result of the court’s appraisal and the compensation for losses for the adjudication of expropriation as a legitimate compensation for the subject matter of expropriation. 2) The Defendant court appraiser I (hereinafter “court appraiser”) selected the court’s appraisal of the subject matter of expropriation as a transaction example in conducting the court’s appraisal.