[토지수용재결처분취소][집37(1)특,389;공1989.4.15.(846),549]
(a) The criteria for calculating the amount of compensation for expropriation of land in an area, the standard land price of which is republic announced;
(b) Calculation of the land price and amount of compensation re-public;
(a) The amount of compensation for expropriation for the land in an area where the standard land price is publicly announced pursuant to Article 29(1) of the Act on the Utilization and Management of the National Territory shall be calculated according to the standard land price publicly announced at the time of the adjudication for expropriation and shall not be based on the standard land price re-public announced after
B. Where the reference price of the re-published reference price is earlier than the time of expropriation ruling, the reference price of the reference price selected as appropriate shall be considered in the calculation of the amount of expropriation compensation, but it shall not be deemed that the computation of compensation is erroneous even if the reference price is lower than this reference price.
Article 29(1) of the Act on the Utilization and Management of the National Territory, Article 46(2) of the Land Expropriation Act
[Judgment of the court below]
The Central Land Expropriation Committee
Defendant 1 and Defendant Defendant Defendant 1 et al., Counsel for defendant-appellant
Seoul High Court Decision 86Gu1179 delivered on April 1, 1988
The judgment below is reversed and the case is remanded to Seoul High Court.
Defendant and Defendant Intervenor’s Intervenor’s Intervenor’s ground of appeal is examined.
The court below held that the land of this case was unlawful since the Minister of Construction and Transportation publicly announced the base price on August 21, 1978 by December 12, 1979 under the Ministry of Construction and Transportation’s announcement of the base price as the price base date on August 21, 1978, but the price base date was set as February 20, 1986 as the price base date under the notification of the Ministry of Construction and Transportation No. 305 on July 10, 1986, and the defendant, who received an objection against the defects by the plaintiff, requested the central and Sam Chang Chang Chang Land Appraisal Co., Ltd. to appraise the market price of the land of this case on March 4, 1986 at the time of the expropriation decision, and the above two joint offices assessed the base price based on the price base as the price base date publicly notified on December 12, 1979, and the price base price was remarkably low compared with the price re-public notice of the price base.
Article 46 (2) of the Act on the Utilization and Management of the National Territory provides that, according to the provisions of Article 29 (5) of the Act on the Utilization and Management of the National Territory and Article 29 (1) of the Act on the Utilization and Management of the National Territory, compensation amount for expropriation of land shall be based on the standard land price, but it shall be determined in consideration of wholesale prices increase rate, normal market price and other matters in neighboring similar land which are irrelevant to the area concerned from the date of the public announcement of the standard land price to the time of the determination of compensation amount. Meanwhile, according to the latter part of Article 29 (1) of the Act on the Utilization and Management of the National Territory and the Act on the Management of the National Territory and the Act on the Management of the National Territory and the Act on the Management of the National Territory and the Act on the Management of the National Territory and the Act on the Management of the National Territory, the compensation amount for expropriation of land shall be calculated based on the price at the time of the adjudication on expropriation.
Therefore, the judgment of the court below shall be reversed, and the case shall be remanded to the Seoul High Court, which is the court below, and it is so decided as per Disposition.
Justices Park Jong-dong (Presiding Justice)