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(영문) 서울고등법원 2020.06.17 2019누42893

개별공시지가결정취소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. On January 16, 2014, the Plaintiff: (a) the leased object on the Yeonsu-gu Incheon Metropolitan City, Incheon Metropolitan City, which is a general property under the Public Property and Commodity Management Act (hereinafter “instant land”); (b) the total of 12,564 square meters of the site area, such as 12,564.8 square meters of land in Yeonsu-gu, Incheon Metropolitan City, which is the general property under the Public Property and Commodity Management Act; (c) the leased object of the lease is 4,027.1 square meters of the facility possession area among the total of 12,564.8 square meters of land in Yeonsu-gu, Incheon; (d) the site area in Yeonsu-gu, Incheon; (e) the site area in the said B was 10,787.9 square meters, but on September 3, 2015, the area of the instant land was combined with E, 129.6 square meters and 0.2 square meters of land in the Fluor.

Among them, the size of facility possession 4,027.1 square meters (the size of the above facility possession was determined as 4,151.4 square meters on October 10, 2016) was leased, and the lease term was set at a maximum of 20 years from the commencement date of the lease, and the annual rent was determined as 10/1,000 of the officially assessed individual land price of the land for lease purpose set at most recently from the base date of the lease commencement (the plaintiff did not have the status of foreign-invested enterprises). As such, the previous representative of the plaintiff, as the plaintiff did not have the status of foreign-invested enterprises, obtained benefits from the reduction of rent by deceiving a public official in charge of the Incheon Metropolitan City Free Economic Zone Office, which is the victim, and obtained benefits from the use of the pertinent land, etc., and concluded a lease contract with the Seoul High Court on March 10, 2017, and concluded the land lease agreement with the above Seoul High Court on March 10, 2017.

B. On January 1, 2017, the Defendant, on May 31, 2017, determined and publicly announced the officially assessed land price as of January 1, 2017 as KRW 2,516,000 per square meter.

hereinafter referred to as "the case."