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(영문) 의정부지방법원 2016.01.19 2015구합1347
개별공시지가 결정처분취소
Text

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. The Plaintiff is the owner of the instant land.

B. On January 1, 2015, the Defendant determined and publicly announced the officially assessed individual land price in 2015 as of May 31, 2015 as KRW 11,700 per square meter.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1 and 2, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Of the Plaintiff’s assertion, there was a decision on urban planning facilities regarding KRW 90,000 among the instant land, and on November 25, 201, the status of the land use in this case became favorable to the Plaintiff, as the decision to authorize the implementation plan was publicly announced on November 25, 201.

In addition, the instant land is located at a distance of 60 to 70 meters from the northwest, and the nature of 2-3 meters in width has been formed between the border border road, and it is easy to enter 2 tons of trucks and automobiles. However, the Defendant erred by selecting Pyeongtaek-gun A forest land, which is a forest in poor state, as a comparative standard.

Therefore, the instant disposition is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. 1) Determination is based on the Public Notice of Values and Appraisal of Real Estate Act (hereinafter “Real Estate Publication Act”).

According to Article 11, the head of Si/Gun/Gu (hereinafter “Mayor, etc.”) shall be the head of Si/Gun/Gu.

(i)In determining and publicly announcing the officially assessed individual land price, the land price is calculated by using the land price ratification table on the basis of the officially assessed land price of one or more reference land deemed to have similar usefulness to the land in question, and the land price so calculated is verified by an appraisal business entity as to the feasibility of the land price so calculated (However, this verification may be omitted);

After hearing the opinions of landowners and other interested persons, the officially assessed individual land price shall be determined after deliberation by the Si/Gun/Gu Real Estate Assessment Committee, and in such cases, the price of the relevant land and the officially announced land price shall be maintained in a balance.

And the Public Notice of Real Estate Act;

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