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(영문) 서울행정법원 2018.05.17 2017구합53675
보상금증액
Text

1. The Defendant’s KRW 4,925,400 as well as the Plaintiff’s annual rate of KRW 5% from January 10, 2017 to May 17, 2018.

Reasons

1. Details of ruling;

(a) Business authorization and public notice - Business name: Private investment project (B; hereinafter referred to as “instant project”): The concessionaire: the head of the Seoul Regional Construction and Management Administration- the head of the Seoul Regional Construction and Management- the public announcement of business approval under the Defendant: C public announcement by the Ministry of Land,

B. Decision of expropriation made by the Central Land Tribunal on December 8, 2016 - Date of expropriation: on January 9, 2017, the land subject to expropriation: D. D. 271 square meters and obstacles on the ground of the land owned by the Plaintiff (hereinafter referred to as “instant land”); and on the land attached thereto (hereinafter referred to as “in this case’s obstacles”) - The amount indicated in the “amount of compensation for expropriation” column in attached Table 1: An amount indicated in attached Table 1 - An appraisal corporation: An appraisal corporation: An appraisal corporation’s identity as a stock company, Samg Chang-ro appraisal corporation (hereinafter referred to as “appraisal,” and the result of the appraisal is referred to as “adjudication”): The fact that there is no dispute over the grounds for recognition”), Gap’s evidence 1 through 5, Eul’s evidence 4 through 6 (including each number; hereinafter the same shall apply), and the purport of the entire pleadings, as a whole, each of the arguments.

2. The assertion and judgment

A. The Plaintiff’s assertion, appraisal and court appraisal are calculated by excessively lowering the compensation for the instant land and obstacles due to the following errors. As such, the Defendant sought payment of KRW 40,408,785, which is calculated by applying the method of calculating the aggregate of individual factors gap (totalization) asserted by the Plaintiff as a result of the court’s supplementary appraisal that can be seen below to the Plaintiff, from KRW 269,786,385, subtracting the compensation for the instant land and obstacles from KRW 229,37,60,00, which is computed by applying the method of calculating the aggregate of individual factors gap (totalization).

(P) The court shall pay the amount of 5,196,40 won, subtracting 229,377,600 won from the amount of 234,574,000 won for the land and obstacles in this case as a result of the court's supplementary appraisal (as a preliminary argument, 5,196,40 won is sought).

1) The instant land belongs to the area classified as a small factory site and is a factory site.

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