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(영문) 서울행정법원 2018.02.08 2016구합51283
손실보상금
Text

1. The Defendant: (a) KRW 228,049,910 for the Plaintiff and 5% per annum from May 20, 2015 to February 8, 2018; and (b) the Plaintiff.

Reasons

1. Details of ruling;

(a) Business approval and public notice - Business name: Public housing project (B): - Public housing project (B): May 26, 2010, published by the Ministry of Land, Transport and Maritime Affairs C - Project operator: Defendant;

(b) The Central Land Tribunal’s ruling on expropriation by March 26, 2015 - The land to be expropriated: [Attachment Table] owned by the Plaintiff: Each land indicated in the column for “subject matter to expropriation” (hereinafter “Seoul Guro-guD”) (hereinafter “D”) shall be limited to “D”, each land shall be specified only with the lot number, and each land shall be combined with “each land of this case”): The amount corresponding to the “amount of adjudication on expropriation” in [Attachment Table] - The date of commencement of expropriation: The appraisal corporation of May 19, 2015 - the Korean Land Appraisal Corporation, the Korea Land Appraisal Corporation, and the Korea Land Appraisal Corporation.

C. The Central Land Tribunal’s ruling of objection on December 17, 2015 (hereinafter collectively referred to as “instant ruling”) - The Defendant raised an objection on the ground that the amount of compensation for losses as prescribed by the ruling of expropriation was excessive, but dismissed, and the Plaintiff’s objection raised to increase the compensation for losses as prescribed by the ruling of expropriation was accepted, and the partial increase in the compensation for losses for each of the instant lands was partially increased, and the increased compensation for losses is as stated in the attached Table [Attachment].

- An appraisal corporation: Each entry into the appraisal corporation and the Korea Appraisal Board (hereinafter referred to as “adjudication Appraiser,” together with an appraisal corporation, and the result of the appraisal in question, along with the result of the appraisal in acceptance, hereinafter referred to as “appraisal”) / [based on recognition] / without dispute, Gap Nos. 1 and 2, Eul evidence No. 4 (including each serial number; hereinafter the same shall apply), and the purport of the whole pleadings;

2. The assertion and judgment

A. 1) The plaintiff's assertion that the appraisal of the plaintiff's assertion is too low, and the defendant should pay the difference between the reasonable compensation amount and the plaintiff. 2) The defendant's assertion appraisal of the plaintiff is as follows.

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