[토지수용재결처분취소][공1986.5.1.(775),652]
Methods of calculating the amount of compensation for expropriation of land publicly notified;
The amount of compensation for expropriation of land, the standard land price of which has been announced, shall be based on the standard land price pursuant to Article 29 (5) of the Act on the Utilization and Management of the National Territory, but shall be determined in consideration of the plan for utilization of the relevant national land from the date of public announcement of the standard land to the time of adjudication on the compensation amount, the rate of increase in wholesale prices
Article 29(5) of the Act on the Utilization and Management of the National Territory
Plaintiff 1 and four others
The Central Land Expropriation Committee
Defendant 1 and Defendant Defendant 1 et al., Counsel for defendant-appellant
Seoul High Court Decision 84Gu510 decided September 11, 1985
The judgment below is reversed and the case is remanded to Seoul High Court.
The plaintiffs' grounds of appeal are examined.
1. According to the reasoning of the judgment below, the court below acknowledged the fact that the reference land price was publicly announced on December 12, 1979 for the area of Seongdong-gu Seoul, including the instant land subject to expropriation, and that the defendant, when making a ruling on the objection to the expropriation ruling of the instant land and building, by requesting a joint office of △△ and △△ Land Appraisal Agency to make an appraisal, and determined the compensation amount for the instant land based on the appraisal result of the above two appraisal agencies. The judgment of this case is lawful as it is in accordance with Article 29 of the Act on the Utilization and Management of the National Territory
2. However, according to Article 29(5) of the Act on the Utilization and Management of the National Territory, the expropriation compensation amount for the land, the standard land price of which is publicly notified, shall be based on the standard land price, but the land price shall be determined based on the plan for utilization of the national land in question from the date of the public announcement of the standard land price to the time of the determination of the compensation amount, the rate of increase in wholesale prices, the normal market price of neighboring similar land, and other matters. If the defendant examines two of the evidence Nos. 7 and 8, which are used as the basis for the calculation of the compensation amount of the expropriation in this case, compared to the records, the office of △△ and △△△ land appraisal company, which received the defendant's appraisal request, shall be calculated by multiplying the standard land price of the standard land in this case by the ratio of goods, etc. to the standard land price of the standard land price of this case and the normal market price, etc. of adjacent land. Thus, the court below shall consider all the circumstances under Article 29(5) of the Act on the Utilization and Management of the National Territory.
3. 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's decision. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Jong-soo (Presiding Justice)