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(영문) 서울고등법원 2019.01.09 2018누52862
개별토지시가공시처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff is a co-owner of the Seocho-gu Seoul Metropolitan Government Cdong (hereinafter referred to as “Cdong”) B large 431 square meters (hereinafter referred to as “instant land”) and the building on the ground.

As to the instant land on May 31, 2016, the Defendant: (a) pursuant to Article 11 of the former Public Notice of Values and Appraisal of Real Estate Act (wholly amended by Act No. 13796, Jan. 19, 2016; (b) prior to the enforcement of September 1, 2016; hereinafter “Real Estate Publication Act”); (c) pursuant to Article 16 of the former Enforcement Decree of the Public Notice of Values and Appraisal of Real Estate Act (wholly amended by Presidential Decree No. 27471, Aug. 31, 2016; hereinafter “Enforcement Decree of the Public Notice of Real Estate Act”) established pursuant to Article 16 of the former Enforcement Decree of the Public Notice of Values and Appraisal of Real Estate Act (hereinafter “instant individual land price guidelines”); and (d) selected the instant individual land price as the standard for comparison and assessment; and (e) determined the instant individual land price as the standard for land price per 2010 square meters per 10,016.

(hereinafter “instant disposition”). The Plaintiff filed an objection against the instant disposition with the Defendant, but the Defendant dismissed it on July 25, 2016, following the verification by an appraisal business entity and the deliberation by the Real Estate Assessment Committee.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 2-1, 3, 4, Eul evidence Nos. 2-2, and Eul evidence Nos. 2-2, and the purport of the whole pleadings, the gist of the plaintiff's assertion as to the legitimacy of the disposition of this case is as to whether the disposition of this case is legitimate, and the defendant calculated the price distribution rate according to the land characteristics of this case as 0.85 times on the basis of considering the form of land in the comparison standard of this case as " Sejong (the shape where a narrow side of land adjoins roads)" and calculated the price distribution rate according to the characteristics of land as 0.85 times. The form of land in the comparison standard of this case should be calculated as 0.816 times the price distribution rate based on the most punishment.

On the other hand, E.I. of the reference land adjacent to the instant land.

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