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(영문) 부산지방법원 2019.01.24 2018구합1368

개별공시지가결정처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On October 12, 2016, the Plaintiff completed the registration of ownership transfer on the 41.2 square meters of the Busan Shipping Daegu Road B (hereinafter “instant land”).

B. After the Defendant assessed the land use status of the instant land as a road, on May 31, 2018, the Defendant calculated the officially assessed individual land price as of January 1, 2018, as of January 1, 2018, and publicly announced to file an objection against the officially assessed individual land price in 2018 from May 31, 2018 to July 2, 2018.

C. On June 12, 2018, the Plaintiff filed an objection against the determination of the officially assessed individual land price with the Defendant, and the Defendant requested C to verify the officially assessed individual land price of the instant land.

On July 12, 2018, the said appraisal corporation submitted a report on the result of verification to the effect that, if the standard land is modified to the Defendant taking into account the reflection of the landowner’s opinion and the balanced maintenance of neighboring land prices, the officially assessed individual land price of the instant land is adequate.

E. Accordingly, on July 31, 2018, the Defendant determined and publicly announced the officially assessed individual land price as of January 1, 2018 as 1,251,000/m2 of the instant land after deliberation by the Public Notice of Values and Appraisal of Real Estate Act.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute; Gap evidence Nos. 1-4; Eul evidence Nos. 1-3; and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the land category was changed from April 28, 200 to “road” and the actual use was also a road, but the individual land price was 2,316,000/m2 for the year 2017 due to continuous increase in the number of years until 2017. Thus, the Defendant’s failure to take into account the land use status by 2017 is a public official’s abandonment of his/her duties, and the calculation of the individual land price based on the Party’s own use status while taking the instant disposition into account is unlawful to lower the compensation for expropriation of the instant land.

(b) the attached Form of the relevant statute;