The method of calculating compensation for the expropriation of land within the area where the standard land price is publicly notified;

If the land subject to expropriation is located within the area for which the standard land price is publicly announced pursuant to Article 29 (1) of the Act on the Utilization and Management of the National Territory, the amount of compensation for loss shall be calculated in accordance with Article 46 (2) of the Land Expropriation Act and the relevant provisions such as Article 29

Article 29 of the Act on the Utilization and Management of the National Territory, Article 46 of the Land Expropriation Act

Plaintiff

Central Land Tribunal, Attorneys Cho Young-young, Counsel for the defendant-appellant

Seoul High Court Decision 83Gu1121 delivered on November 16, 1984

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

According to Article 46 of the Land Expropriation Act, the calculation of the amount of compensation to be made in the case of expropriation of land shall be based on the price at the time of the expropriation ruling (Article 29(1) of the Act on the Utilization and Management of the National Territory. However, the compensation for the land in an area where the standard land price is publicly announced pursuant to the provisions of Article 29(1) of the Act on the Utilization and Management of the National Territory shall be based on the standard land price publicly announced. However, the standard land price shall be based on the utilization plan of the land in question, or the price fluctuation rate of neighboring land unrelated to the area in question, wholesale inflation, and other factors considered (Article 2(2) of the Act). Meanwhile, Article 29(5) of the former Act on the Utilization and Management of the National Territory (amended by Act No. 3707, Dec. 31, 1983; Article 46(2) of the Act on the Utilization and Management of the National Territory shall be based on the price at which the land is to be expropriated in accordance with the Presidential Decree No. 19814.

Therefore, the judgment of the court below, which held that the plaintiff's share 339.15 percent of the 678.3 percent of the 678.3 percent of the 678.3 percent of the 678.3 percent of the 678.3 percent of the 678.3 percent of the 678.3 percent of the 678.3 percent of the 678. The 678.3 percent of the 1972. The 1972.3 percent of the 1972. The 206.3 percent of the 196. The 196.3 percent of the 196. The 206. The 206.3 percent of the 196. The 206. The 206.3 percent of the 206. The 206. The 3rd land price of the 196. The 206.

However, under the premise that the market price of the above land is significantly higher than the amount of compensation determined by the defendant, it is difficult to accept the judgment of the court below on the ground that there is a violation of the rules of evidence, or there is a misapprehension of the legal principles under Article 46 of the Land Expropriation Act or Article 29 (5) of the former Act on

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

Justices Lee B-soo (Presiding Justice)