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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of ruling;
(a) Business approval and public announcement - Business name: Business name - Housing redevelopment improvement project (Secondary) in B financial expense promotion zone - Business operator: Defendant - Business operator: Public announcement of the approval of a project implementation plan for public announcement of project approval: July 4, 2013 of Seongbuk-gu Seoul Metropolitan Government public announcement of the approval of a project implementation plan on July 4, 2013: D public announcement
B. Decision of expropriation made on March 23, 2018 by the local Land Tribunal of Seoul Metropolitan City: The above building in Seongbuk-gu Seoul E and F neighborhood living facilities (hereinafter “instant building”) was a partitioned building, and the share of the site was assessed as a whole with the building.
- Compensation for losses: 43,649,90 won - Commencement Date of expropriation: November 2018
Ruling of the Central Land Tribunal on December 20, 2018 - Compensation for losses: 43,784,90 won (based on recognition), Gap evidence 5 through 7, Eul evidence 1 through 3 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff’s objection to the instant building owned by the Plaintiff cannot be deemed a reasonable amount of compensation. At least, an additional compensation amounting to KRW 9,575,010 equivalent to the difference between KRW 53,360,000 in the estimated value of the previous assets of the instant building that the Defendant notified the Plaintiff around 2013 and the indemnity amount of KRW 43,784,990 should be paid.
B. In full view of the purport of Gap evidence No. 2 and the entire pleadings, it is recognized that the defendant notified the plaintiff around 2013,360,000 won that the estimated value of the previous assets of the building of this case was KRW 53,360,00.
However, the appraisal of the previous assets shall be based on whether the project implementer gives notice to the owner of the land, etc. pursuant to Article 46 (1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017) will participate in the rearrangement project by bearing a considerable amount of expenses for the association members before the application for parcelling-out or an appraisal.