beta
(영문) 대법원 1971. 7. 6. 선고 71누57 판결

[토지수용재결처분취소][집19(2)행,029]

Main Issues

The case affirming the original decision that judged the appropriateness of the adjudication price on the land by the Land Tribunal in light of the market price existing before and after the adjudication, the transaction price of neighboring land and the amount of taxation standard, etc.

Summary of Judgment

The measure which judged that the adjudication price on the land by the Land Tribunal is inappropriate in view of the market price existing before and after the adjudication, the transaction price of neighboring land, and the amount of taxation standard, etc. is justifiable.

[Reference Provisions]

Article 46 of the Land Expropriation Act

Plaintiff-Appellee

b) Nare Rights

Defendant-Appellant

The Central Land Expropriation Committee

Judgment of the lower court

Seoul High Court Decision 70Gu114 delivered on April 13, 1971

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Judgment on the grounds of appeal by the Defendant and the Defendant’s Intervenor’s representative.

According to the reasoning of the judgment of the court below, the court below decided 1,852,00 won as the aggregate amount of damages on the land owned by the plaintiff 1 and 2 at the time of 1969. The plaintiff 2 stated that the value of the land was less than the standard market value of the land at the time of 1970.2. The court below's determination that the value of the land was less than the standard market value of the land at the time of 1970.2. The court below's determination that the value of the land was less than the standard market value of the 2,015,200 won as stated in the attached Table 1. The court below's determination that the value of the land was less than the standard market value of the 20th appraisal market at the time of 20th appraisal and assessment of the land at the time of 196.3rd appraisal and assessment of the land at the time of 20th appraisal and assessment of the land at the time of 90th appraisal and assessment.

Therefore, the appeal is dismissed as without merit. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Yang Byung-ho (Presiding Judge)