In calculating the amount of compensation for a land to be expropriated within the area where the standard land price is publicly announced, a decision of appropriateness based on an appraisal based on which the standard land category and grade are the same as that of the relevant land, its standard land price and the method of taking into account the transaction details and the transaction price of the adjacent similar land

In calculating the amount of compensation for the land to be expropriated in the area where the standard land price is publicly announced, the standard land category and grade are the same, and the standard land price was inevitably filled out without disclosing a long degree of the standard land price, and the appraisal based on an appraisal based on which the detailed transaction details and transaction price of the neighboring similar land were not disclosed while considering the transaction price of the neighboring similar land is illegal.

Article 29 of the former Act on the Utilization and Management of the National Territory (amended by Act No. 4120 of April 1, 1989)

Attorney Kim Young-young, Counsel for the defendant-appellant in charge

Attorney Kim Young-young, Counsel for the Central Land Tribunal

Korea National Housing Corporation (Attorney Kim Young-young, Counsel for defendant-appellant)

Seoul High Court Decision 89Gu7261 delivered on April 17, 1990

The appeal is dismissed.

The costs of appeal are assessed against the defendant and the defendant joining the defendant.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below acknowledged the fact that the land to be expropriated in this case is within the area where the standard land price according to the Act on the Utilization and Management of the National Territory is publicly announced, and when the Korea Land Appraisal Joint Office and C Chang Chang Land Appraisal Joint Office assess the compensation amount of the land in this case, the reference land such as the land category and class of the land in this case and the price of adjacent similar land was bound to block the reference land without disclosing the standard land price and taking into account the transaction price of adjacent similar land while considering the specific transaction details and transaction price of neighboring similar land, and did not state at all how to take into account the transaction price of adjacent land. In light of the records, the judgment of the court below is just and there is no error of law by misapprehending the legal principles as pointed out, by violating the rules

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ansan-man (Presiding Justice)