The case of calculating the amount of compensation for losses caused by land expropriation;

In calculating the amount of compensation for losses caused by the expropriation of land, the reasonable price shall be determined on the basis of the price at the time of the adjudication of expropriation without considering the price fluctuation due to the approval of a plan directly aiming at the execution of the relevant public project, but in cases where the land was already designated as an apartment district under the Urban Planning Act before that time, it is erroneous in calculating the amount of compensation for losses based on the appraised price, without considering it, even though it is necessary

Article 46 of the Land Expropriation Act

Plaintiff 1 and one other, Counsel for the defendant-appellant-appellee

Central Land Tribunal (Attorney Hwang Sung-sung, Counsel for the plaintiff-appellant)

Korea National Housing Corporation (Attorney Hwang Sung-sung, Counsel for defendant-appellant)

Seoul High Court Decision 77Gu529 delivered on March 14, 1979

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal No. 2 by the defendant and the defendant assistant intervenor are examined.

According to the judgment of the court below, the court below acknowledged that the land listed in the attached list attached to the judgment of the court below was the area determined and publicly announced as apartment zone on August 21, 1976, and the land listed in the attached list No. 1 owned by the plaintiff No. 23 of the same Act, along with the land adjacent to the land of the plaintiff No. 4, 1977, and the land listed in the attached list No. 2, 3 of the same list as the plaintiff No. 2, and 4, 5 of the same list as the land owned by the plaintiff No. 2, and the land listed in the attached list No. 2, 3 of the same list as the land of the plaintiff No. 2, 1977, which was incorporated into the land of the plaintiff No. 2, the appraisal and assessment committee's new land price based on the change of the apartment development project plan part of the apartment lot No. 4, 1977, and the appraisal and assessment committee's new land price at the above appraisal and appraisal price without consideration.

However, according to the records, the land in this case is an area determined and announced as an apartment district under the Urban Planning Act as of August 21, 1976, such as the decision of the court below, and thereafter, it is clear that the land in this case is incorporated into a zone for the development of a building site for the construction of the YY-dong District (No. 23 of the Ministry of Construction and Transportation) or an approved land (No. 82 of the Ministry of Land, Infrastructure and Transport) under the Housing Construction Promotion Act as of May 10, 197 under the Housing Construction Promotion Act. Under Article 46 (1) of the Land Expropriation Act, the calculation of compensation for losses due to the expropriation of the land should be based on the price at the time of the expropriation decision, and the price fluctuation due to the public announcement should be based on the price at the time of the expropriation decision without consideration of the price at the time of the above public project, so the court below should make a public announcement of the price at the time of the expropriation of the land for the construction project under the Housing Construction Promotion Act.

Therefore, this issue is reasonable, and therefore, the judgment of the court below is reversed, and the case is remanded to the Seoul High Court which is the lower court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ahn Byung-soo (Presiding Justice)