[토지수용재결처분취소][공1989.9.15.(856),1305]
The criteria for calculating the amount of compensation for expropriation for the land in the area where the standard land price is re-public;
The amount of compensation for expropriation for 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 based on the standard land price publicly announced at the time of the adjudication for expropriation, and the standard land price is republic announced between the time of the adjudication for expropriation and the time of the adjudication for expropriation, and the standard land price re-public announced is earlier than the date of the adjudication for expropriation.
Article 29(1) of the Act on the Utilization and Management of the National Territory, Article 29(5) of the Act on the Utilization and Management of the National Territory, Article 46(2)
Supreme Court Decision 88Nu5279 Decided February 28, 1989
Plaintiff 1 and 2 others, Counsel for the defendant-appellant
Attorney Park Chang-chul, Counsel for the Central Land Tribunal
Attorney Kim Chang-soo, Counsel for the defendant-appellant
Seoul High Court Decision 86Gu1131 delivered on June 3, 1988
The case shall be reversed and remanded to the Seoul High Court.
As to the Grounds of Appeal
According to Article 29(1) of the Act on the Utilization and Management of the National Territory, the amount of compensation for expropriation of land in an area where the standard land price is publicly notified shall be calculated based on the standard land price publicly notified at the time of the adjudication for expropriation. As in this case, as in this case, the standard land price is republic notified at the time of the adjudication for expropriation and at the time of the adjudication for expropriation, and the conclusion is not different because the standard land price re-public notice is earlier than the date of the adjudication for expropriation (see Supreme Court Decision 88Nu5297 delivered on February 28, 198
In the above case, it cannot be said that the court below should calculate the amount of compensation on the basis of the standard price re-publically announced.
In this paper, we reverse the original judgment, and remand the case to the original court. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Yong-ju (Presiding Justice)