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(영문) 대법원 1994. 6. 14. 선고 94누1715 판결
[개별토지가격결정처분취소][공1994.7.15.(972),1980]
Main Issues

The adequacy of individual land price calculated by multiplying the individual land price in the previous year by the inflation rate in comparison with the previous year of the standard land price;

Summary of Judgment

If the individual land price is calculated by means of multiplying the land price index by the inflation rate compared to the previous year of the comparable standard land price in the officially announced land price of the comparative standard land, not by applying the adjustment rate in accordance with the comparison table, it is unlawful in accordance with the provisions of related Acts and subordinate statutes, such as Article 10 of the Public Notice of Values and Appraisal of Lands, etc. Act, Articles 7 and 8 of the Guidelines for the Joint Investigation of Land Price of the individual land price (the Prime Minister Directive No.

[Reference Provisions]

Article 10 of the Public Notice of Values and Appraisal of Lands, etc. Act, Article 7 and Article 8 of the Guidelines for Joint Investigation of Individual Land Prices

Reference Cases

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Domin-young and 1 other, Counsel for plaintiff-appellant-appellant-appellant-appellant-appellant-appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellee-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-

Plaintiff, Appellee

Samsung Life Insurance Co., Ltd., Counsel for defendant-appellee

Defendant, Appellant

Seoul Metropolitan Government Head of Gangnam-gu Office of General Law, Attorney Ga-Ba, Counsel for the defendant-appellant-appellant

Judgment of the lower court

Seoul High Court Decision 92Gu6510 delivered on December 8, 1993

Text

The appeal is dismissed. The costs of appeal are assessed against the defendant.

Reasons

The defendant's attorney's grounds of appeal are examined.

According to Article 10 of the Public Notice of Values and Appraisal of Lands, etc. Act and Article 7 of the Guidelines for Joint Investigation into Land Price (Prime Decree No. 248), individual land prices shall be determined by using the standard comparison table (standard comparison table on land price formation factors) provided by the Minister of Construction and Transportation in order to determine the adjustment rate due to the difference between the characteristics of the standard land and the land concerned, and then by multiplying it by the officially announced land price of the standard land, barring special circumstances. However, individual land price determination by other methods is not allowed unless there are special circumstances. However, according to Article 8, etc. of the above Guidelines, if deemed necessary, the price calculated by multiplying the officially announced land price of the standard land by the adjustment rate based on the standard land price comparison table, the difference between the standard land price and the local tax base price comparison table, and the special land price formation factors in the relevant region, but even in this case, if the price calculated by applying the adjustment rate based on the officially announced land price of the standard land and the price comparison rate can not be deemed to be legitimate and reasonable.

As long as the above determination by the court below is justified, even if there were errors in the misapprehension of legal principles as to the selection of reference land for the determination of individual land price, this cannot be deemed to have affected the conclusion of the judgment. There is no reason for all arguments.

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 Kim Yong-sik (Presiding Justice)

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심급 사건
-서울고등법원 1993.12.8.선고 92구6510