재결처분취소 및 수용보상금증액
The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.
The grounds of appeal are examined.
1. Article 31 of the former Public Notice of Values and Appraisal of Real Estate Act (amended by Act No. 13796, Jan. 19, 2016) provides that “The principles and criteria to be observed by appraisal business entities to ensure fairness and rationality in appraisal of land, etc. shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.”
Article 15(1) of the former Rules on Appraisal following Delegation (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 508, Aug. 2, 2012) provides, “The evaluation shall be carried out individually for each subject matter: Provided, That where two or more subject matter are traded together, or where one or more subject matter is indivisible for the purpose of use, it may be assessed collectively.”
Therefore, the appraisal of two or more lands shall be based on the individual assessment principle, but in exceptional cases where the relationship is recognized as indivisible for the whole transaction or use of two or more lands, etc., a lump sum assessment shall be recognized.
Here, the issue of “Indivisibility relationship for use” refers to a case in which the situation used as a group of land is deemed reasonable and reasonable in terms of social and economic administrative aspects, and the value formation of the land.
(see, e.g., Supreme Court Decisions 9Du8824, Jul. 27, 2001; 2005Du1428, May 26, 2005). As can be seen, the term “one complex” is called a single complex where land in an indivisible relationship for the purpose of use constitutes a single complex.
Article 70 (2) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) shall be calculated in consideration of the real situation at the time of the price and the objective situation by the general method of use, but it shall be used for the temporary use, the subjective value and special purpose of land owners or persons concerned.