개별공시지가결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is the owner of 4/22 shares out of B forest B 793 square meters (hereinafter “instant land”).
B. On May 29, 2015, the Defendant: (a) examined the current status of use of the instant land as roads, shapes and illegal shapes; and (b) selected as a comparative standard site the area of 1,289 square meters of forest land in the land adjacent to the road (hereinafter “instant comparative standard site”); and (c) determined and publicly announced the officially assessed individual land price as of January 1, 2015 as KRW 16,100 per square meter.
C. As the Plaintiff raised an objection, on July 23, 2015, after deliberation by the Real Estate Evaluation Committee, the Defendant corrected the land of this case into a natural forest, shape, bridge type, and a road surface with respect to the instant land, and adjusted the said individual land price to KRW 78,000 per square meter (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) The Defendant shall select a comparative standard site that is deemed to have the usefulness similar to the instant land and calculate the officially assessed individual land price. Although the actual use of the instant land is a road and is not a blind spot, it is unlawful to select the comparative standard site of this case, which is a natural forest and a blind spot. 2) The instant land is unlawful because the publicly assessed individual land price is remarkably lower when comparing the instant land with the D large 930 square meters, E road, and 732 square meters, which are adjoining land.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. (1) Determination 1) The publicly assessed individual land price of the relevant legal doctrine is more reasonable and objective to select the reference land whose price formation factor is the most similar as a comparative standard, from among the reference land within the same price zone as the relevant land, in principle.