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(영문) 서울행정법원 2018.05.09 2017구단79830
손실보상금
Text

1. The defendant's KRW 12,457,50 for each of the plaintiffs and 5% per annum from March 11, 2017 to May 9, 2018.

Reasons

1. Details, etc. of ruling;

(a) Authorization and public notice of project implementation - Project name: CF promotion zone housing redevelopment rearrangement project - Project implementer: Defendant - Public notice of project implementation authorization: Yeongdeungpo-gu Seoul Metropolitan Government public notice of November 10, 201;

B. The adjudication of expropriation made on January 20, 2017 by the local Land Tribunal of Yeongdeungpo-gu Seoul Metropolitan City: F. F. 150 square meters and the housing, etc. on the land of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “Edong”) in which the Plaintiffs shared 1/2 shares (hereinafter “instant land”). - Compensation for adjudication of expropriation = KRW 377,052,010 each of the Plaintiffs [the instant land 302,250,000] [the instant land 74,802,010,000 and additional charges (hereinafter the same shall apply]

- Commencement date of expropriation: March 10, 2017

Determination by the Central Land Tribunal on November 23, 2017 - Compensation for an objection made by the Central Land Tribunal: each of the plaintiffs 378,230,290 won (i.e., the above obstacles of the land in this case in KRW 302,542,500) - An appraisal corporation: A certified public appraisal corporation, global and a certified public appraisal corporation which has agreed to sell the land in this case.

D. In the procedure for the preservation of evidence in Seoul Administrative Court 2017 A1967, an appraiser G with respect to the instant land (a obstacles were excluded from the subject of appraisal due to the destruction or loss of the obstacles; hereinafter the above appraiser’s appraisal was referred to as “court appraiser,” and the above appraisal as “court appraisal”) selected H large 62 square meters as a comparative standard, the time was modified, and the regional factors and individual factors of the instant land were compared. The appraised value of the instant land was calculated by correcting other factors based on the transaction cases on the I land and the building on the ground.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted 12,457,500 won and damages for delay corresponding to the difference between the appraised value based on the court's appraisal result and the compensation for losses caused by the adjudication of this case as a legitimate compensation for losses for the land of this case.

B. Determination 1.

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