205Guhap3064 Revocation of Disposition of Disposition of Expropriation of Land

1. KimO;

2. TO; and

OO comprehensive housing construction corporation

September 20, 2007

October 25, 2007

1. All claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The defendant of the Young-gu Office shall pay to the plaintiff Kim-C the amount of KRW 3,434,00,000 to the plaintiff Kim, KRW 360,00 to the plaintiff, KRW 50,000 per annum for the period from August 11, 2005 to the date of delivery of a copy of the complaint, and KRW 20 per annum for the period from the following day to the date of payment.

1. Basic facts

On July 4, 2005, in relation to the urban development project of Jinnam-do implemented by the defendant, the plaintiff KimO is the owner of 1,437m square meters and CO-CO number 1,939m (hereinafter referred to as "the land of this case"). The plaintiff is the owner of CO-0m and 390m square meters (hereinafter referred to as "the second land of this case"). The plaintiff is the owner of CO-0m and CO-190m and CCC number 390m. (hereinafter referred to as "the second land of this case"). On July 4, 2005, the Gyeongnam-do regional Land Tribunal dismissed the plaintiff's objection on the land of this case by setting a total of 776 million won and 330 million won in total for compensation to the plaintiff of this case, and the Central Land Tribunal accepted the plaintiff's objection on the land of this case (hereinafter referred to as "the plaintiff of this case").

2. The parties' assertion

The plaintiffs are wrong that the Central Land Tribunal did not properly reflect the actual market price or the fluctuation rate of land prices in the vicinity of the 1 and 2 land of this case without disclosing their evidentiary materials. <2> In order to determine other factors by applying the formula without legal basis, the appraisal report prepared by the Korea Appraisal Board in the appraisal report of this case is erroneous. <3> The appraisal report prepared by the Korea Appraisal Board in the appraisal report of this case is unrelated to the urban development project executed by the defendant.

3. Determination

A. According to the evidence Nos. 6 and 7-1. 2. 8 of the evidence Nos. 7, it is recognized that the land No. 1 of this case was included in the Jinju District Urban Development Project Zone implemented by the defendant, and the video Nos. 4, 5-1, 2-1, 6-2-1, and 2-1, cannot be deemed that the plaintiff KimCO-owned trees were planted on the ground of the land No. 1 of this case, and since there is no other evidence to support this otherwise, this part of the plaintiffs' assertion is without merit.

B. (1) Article 70 (1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor provides that "the land acquired through consultation or adjudication shall be compensated on the basis of the officially announced value under the Act on the Public Notice of Values and Appraisal of Real Estate; however, the land use plan under the relevant Acts and subordinate statutes from the basic date to the date of the determination; the rate of increase in the price of the land in an area where the land price is not affected by the relevant public work; and other factors such as the location, form, environment, and current use of the relevant land shall be considered;" Article 21 (1) of the Public Notice of Values and Appraisal of Real Estate Act provides that "where the appraisal business operator separately evaluates the land at another's request, the appraisal shall be based on the officially announced value of the relevant standard land which is deemed to have similar value to that of the relevant land." Article 70 (2) provides that the appraisal business operator shall again maintain a balance between the appraisal and assessment value of the relevant land at the reasonable price of the standard land to be appraised based on the objective factors affecting the appraisal value of the relevant appraisal."

4. Conclusion

Therefore, the plaintiffs' claims are all reasonable, and it is so decided as per Disposition.

Judges, Gangseo-gu et al.

Judge Lee Jae-Un,

Judges Park Jin-young

1) In the following appraisal methods, “other factors corrected” should be included in “the method of calculating the corrected value of other factors”, only the results of appraising the land subject to compensation are divided into common factors, and only the results of appraising the land subject to compensation on the basis of the example of compensation.

◇ 감정평가방법 : (표준지)공시지가 x 지가변동률 x 지역요인 비교 x 개별요인 비교 x 기타요인 보정치

◇ 기타요인 보정치 산출식

A person shall be appointed.