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(영문) 수원지방법원 2016.05.18 2015구합2797

개별주택가격이의신청일부인용처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff and C share a building B B 262.6 square meters and its ground (hereinafter “instant housing”) in Ansan-si.

B. On May 27, 2015, the Defendant calculated individual housing prices based on the aggregate of 576.61 square meters in total, including 67.94 square meters in balcony area (23.91 square meters in 23.91 square meters in 3 stories + 20.12 square meters in 4 stories) and 15 square meters in 396.5 square meters in the total floor space on the building register of the instant housing, and notified the Plaintiff thereof at that time.

C. The Plaintiff appealed and filed an objection against the Defendant on May 28, 2015. On July 8, 2015, the Defendant accepted the part on the instant housing area among the Plaintiff’s assertion on July 8, 2015, and publicly notified the individual housing price as KRW 789,00,000 as of January 1, 2015.

(hereinafter “Disposition in this case”). 【No dispute exists, Party A’s evidence Nos. 1-2, Party A’s evidence Nos. 2 and 4, Party B’s evidence Nos. 4 and 5, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Article 84 of the Plaintiff’s assertion, and Article 119(1)3(b) of the former Enforcement Decree of the Building Act (amended by Presidential Decree No. 26210, Apr. 24, 2015)

According to Paragraph (1), although the balcony area and the fall area are not included in the total floor area, the defendant calculated the housing price of the housing of this case based on the "the total floor area on the building ledger plus the balcony area and the fall area," which is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Article 16(2) of the Public Notice of Values and Appraisal of Real Estate Act is the basic date of the standard housing price every year after deliberation by the Si/Gun/Gu Real Estate Assessment Committee.