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(영문) 서울행정법원 2019.06.27 2016구합78691
손실보상금
Text

1. The portion of the claim for compensation for losses concerning each land listed in the separate sheet 1 among the lawsuits in this case shall be dismissed;

2...

Reasons

1. Details of ruling;

(a) project approval and publication - Urban planning facility project (construction on a high-speed road connecting the 588-dong to the ero-dong) - Public announcement: The defendant

B. The Central Land Tribunal’s ruling of expropriation on April 25, 2016 (hereinafter “instant adjudication of expropriation”): The subject of expropriation stipulated in the Plaintiff’s written adjudication as “Korea Rail Network Authority” but appears to be erroneous in light of the fact that the owner on the register of buildings is the Plaintiff.

Attached List 2: 32,787,00 won in total 332,787,00 won - Date of expropriation: An appraisal corporation and an appraisal corporation B, on October 18, 2016

C. The result of the commission of appraisal to the appraiser C by this Court (hereinafter referred to as the “court appraiser”) - Contents of appraisal: Total amount of KRW 341,960,00 (based on recognition) - No dispute exists, Gap evidence Nos. 1 through 3 (including each number), Eul evidence Nos. 4, 5, 6, the result of the court appraisal, the purport of the whole pleadings.

2. Whether the part of the claim regarding each of the lands listed in the table 1 (hereinafter “each of the lands of this case”) among the instant lawsuit is lawful

A. Article 75(1)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) provides that “A building, standing timber, structure, and other fixtures on land shall be compensated for expenses incurred in relocating the building, etc., but where it is difficult to relocate the building, etc., or it becomes impossible to use the building, etc. for its original purpose due to the relocation thereof, the compensation shall be made at the price of the relevant article.”

In full view of the contents and legislative intent of Articles 75, 34, 50, 61, and 83 through 85 of the Land Compensation Act, the owners of lands, etc. shall be the project implementer.

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