The standards for calculating the amount of compensation for losses caused by land expropriation.

In calculating the amount of compensation for losses caused by the expropriation of land, the price fluctuation caused by the approval and public announcement of a plan directly aiming at the execution of the relevant public project shall be determined at a reasonable price based on the price at the time of the adjudication of expropriation without consideration. Since the land in this case is the land within development-restricted zones at the time of the adjudication of expropriation, in determining the amount of compensation for losses caused by the expropriation of land, such circumstances shall be considered only, and it shall be appraised at the price excluded from the development gains caused by

Articles 45 and 46(1) of the Land Expropriation Act

Supreme Court Decision 80Nu382 Decided September 28, 1982 delivered on July 24, 1979, 82Nu402 Decided 83Nu217 Decided September 13, 1983

Plaintiff 1 and one other Plaintiffs Kim-employment, Counsel for the defendant-appellant

Central Land Tribunal (Attorney Park Jong-won, Counsel for defendant-appellant)

Attorney Park Jong-won, Counsel for the defendant-appellant

Seoul High Court Decision 81Gu685 delivered on November 16, 1982

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal by the defendant litigation performer and the grounds of appeal by the defendant and the defendant supplementary intervenor are also examined.

According to the reasoning of the judgment of the court below, the court below held that Defendant 1 was located in the same 6th of July 7, 1980 to 10, 200 won for the land owned by Plaintiff 1, and that 1 was located in the same 6th of July 7, 1980 to 3th of July 6, 198, and that the total amount of the land owned by Plaintiff 1 was 0 to 5th of July 1, 200 and the land owned by Plaintiff 2, including the land listed in the 2th of the judgment of the court below and the land listed in the 1st of August 1, 200 to 3th of June 1, 200 and the 1st of May, 200 to 4th of June 26, 1981 (the Seoul Special Metropolitan City Notice No. 252) and the land listed in the 1st of May 16, 2008.

However, according to the records, it is clear that the land owned by the plaintiffs is located in the development-restricted area at the time of the adjudication of expropriation, and the compensation amount for losses due to the expropriation of the land at the time of the adjudication of expropriation shall be calculated at a reasonable price, taking into account the transaction prices of the neighboring land at the time of the adjudication of expropriation, and the price fluctuations due to the public announcement of the plan should be calculated at the time of expropriation without considering these factors. (See Supreme Court Decisions 79Nu113 delivered on July 24, 1979; 80Nu382 delivered on September 28, 1982; 82Nu402 delivered on September 13, 1983 and 83Nu217 delivered on December 27, 1983) as well as the appraisal price of the land at the time of the adjudication of expropriation at the time of the Seoul Special Metropolitan City, which is located within the development-restricted area and its neighboring land at the time of the adjudication of expropriation.

Therefore, the judgment of the court below is reversed, and the case is remanded to the Seoul High Court, which is the court below, and it is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Young-ju (Presiding Justice)