logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.11.15 2017구단59690
손실보상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) Business title - Business name: Private investment project (B) - Business approval: C publicly notified by the Ministry of Land, Infrastructure and Transport on August 7, 2015 - Project operator: the head of the Seoul Regional Construction and Management Administration under the Defendant’s jurisdiction.

B. The Central Land Tribunal’s ruling of expropriation on March 9, 2017 - Land subject to expropriation: Each land indicated in the column for “subject matter of expropriation” in the attached Table owned by the Plaintiff (hereinafter “each land of this case”): The amount of compensation for expropriation is as indicated in the attached Table for expropriation:

- Commencement date of expropriation: May 2, 2017 / [based on recognition] without dispute, entry in Gap evidence 1-1 to 3, and the purport of the whole pleadings

2. The assertion and judgment

A. Each land listed in the annexed table 2, 12, and 14 of the Plaintiff’s assertion was lower than the appraisal of expropriation. Of the court appraisal, the part on the land listed in the annexed table 14 in the annexed table 2, 12, and 14 was determined by the court appraisal, and there was an error of remarkably erroneous determination on the local factors, individual factors, and access conditions, which are rarely similar to the above land, unlike the adjudication of expropriation. ② The part on the land listed in the annexed table 2 in the annexed table 2 in the annexed table 2 is determined to be the same as those on the opposite side, so it was difficult to distinguish the land listed in the annexed table 2, 12, and 12. ③ The portion on the land listed in the annexed table 12 in the annexed table 12 in the annexed table 12, and it is difficult to distinguish it into the land located immediately adjacent to the annexed standard and the appraisal of the annexed table 12 in the annexed table 2, 12, and 14 are unlawful.

Therefore, the reasonable compensation for each of the lands of this case except the lands listed in the table Nos. 2, 12, and 14 shall be based on the court appraisal, and the land listed in the table Nos. 2.

arrow