1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation of this case is as follows, except for the argument that the defendant emphasizes in the trial of the court of first instance as to this case, and as such, the reasoning for the judgment of the court of first instance is as stated in the reasoning for the judgment of the court of first instance.

2. Additional matters to be determined;

A. The main point of the Defendant’s assertion is that the standard land price selected by the appraiser R of the first instance court to calculate the market price of the instant land and the fluctuation rate of neighboring similar land is reflected in development gains arising from the instant project, such as rapid increase in land prices before and after the approval date of the development project of the instant housing zone. As such, it is unreasonable to apply the market price of the instant land assessed on the basis of the standard land price and the fluctuation rate of neighboring similar land in calculating damages. 2) If the Plaintiffs exercise a repurchase right to the instant land, due to the instant housing site development project or housing zone development project, they should pay capital gains tax due to the acquisition by consultation

However, the Plaintiffs obtained benefit from eliminating the burden of capital gains tax due to the failure to exercise the right of repurchase, and there is a proximate causal relationship between the Defendant’s failure to notify the repurchase right and the Plaintiffs’ benefit from the exemption of capital gains tax, the amount equivalent to capital gains tax should be deducted

B. Determination 1) As to the first argument, the result of appraisal by an appraiser shall be respected insofar as the method of appraisal, etc. is not against the empirical rule or unreasonable (see Supreme Court Decision 2010Da93790, Nov. 29, 2012). In principle, the selection of sample land for calculating the fluctuation rate of neighboring similar land is not directly related to the relevant public works and is based on the officially announced land price in neighboring areas. In such cases, neighboring similar land is deemed as the officially announced land price.