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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing this case in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The proviso of Article 3(1) of the Act on Appraisal and Certified Appraisers’s Summary of Claim (hereinafter “Appraisal Act”) provides that “where a reasonable real transaction exists, land may be appraised on the basis thereof.”
However, each appraisal corporation of this case and the appraiser of the first instance court are located in the rearrangement project zone of this case, and they did not based on the actual transaction price of the listed land in the Busan Young-gu, Busan, which is adjacent to each of the land of this case, and they conducted appraisal unfairly in accordance with the official land price standard law.
Therefore, the management and disposal plan of this case, which was established as a result of such appraisal and assessment, is unlawful and unjust as it essentially infringes on the property rights of the Plaintiff and the designated parties
B. Article 3(1) of the Act on the Appraisal and Assessment of Real Estate provides that “When an appraisal business entity conducts an appraisal of land, it shall be based on the officially announced price of reference land under the Act on the Public Announcement of Real Estate Values where the land is deemed to have similar usefulness to the land, it shall be based on the officially announced price of reference land.”
In addition, Article 14 provides that “The detailed principles and standards to be observed by an appraisal business entity to ensure the fairness and rationality of an appraisal shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport,” and Article 14 of the Rules on Appraisal and Assessment by delegation shall apply to the standards for appraisal and assessment of land. In such cases, the standards for appraisal and assessment by delegation shall apply to the appraisal and assessment of land.