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(영문) 서울행정법원 2019.11.14 2018구단78384
손실보상금
Text

1. The Defendant: (a) KRW 4,070,250; (b) KRW 1,628,100; and (c) KRW 1,628,100 to Plaintiff B; and (b) from January 3, 2019 to January 3, 2019.

Reasons

1. Details of ruling;

(a) Project approval and public notice - Project name: Road project (j) - Project operator: Defendant - Project approval: D public notice by the Seoul Regional Land Management Office on November 3, 2016;

B. On November 8, 2018, the Central Land Expropriation Committee immediately filed the instant lawsuit without going through the procedure of adjudication on objection by the Central Land Expropriation Committee.

- The subject of expropriation: The Plaintiff’s 5/7 shares and the 469 square meters in E E, Sung-si, where Plaintiff B shares in 2/7 shares (hereinafter “instant land”): The Plaintiff for compensation for losses (5/7 shares in the instant land): 87,049,750 shares in the instant land in 3/7 shares and the Plaintiffs shares in 2/7 shares, respectively; however, there was an agreement on the division of inherited property to the effect that the Plaintiff, who is the co-inheritors, solely succeeds to the entire shares owned by Nonparty Party A, after the Plaintiff died on June 23, 2018.

In the adjudication of acceptance, the amount of KRW 52,29,850, and the amount of KRW 34,819,90 with compensation to Plaintiff A was set at KRW 52,229,850, and the amount of compensation to Plaintiff A was set at KRW 34,819,90, but the above agreement on the division of inherited property (it appears that there was an agreement on the division of inherited property around that time in light of the fact that each date on which the plaintiffs’ certificate of personal seal impression was issued was issued on December 27, 2018) shall be deemed to have been reached pursuant to the above agreement on the division of inherited property (it appears that there was an agreement on the division of inherited property).

Plaintiff

B (2/7 shares in the instant land): 34,819,900 won: 121,869,650 won - The date of expropriation: - On January 2, 2019, the appraisal corporation: G in charge of the savings bank and the K in charge of the savings bank - The comparison standard area: The fact that all the above two appraisal corporations have no dispute over the selection [based] of a 1,114 square meters (the land use: the answer, the special-purpose area, the agricultural and fishery area, the road traffic, the sloping/pridges) as a comparative standard for the instant land, and that there is no dispute over the selection of a 1,114 square meters (the ground of recognition) in the instant land.

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