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(영문) 수원지방법원 2017.09.21 2017구합63536 (1)
개별공시지가결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of the B Miscellaneous land B 19,693 square meters (hereinafter “instant land”).

B. On January 1, 2016, the Defendant publicly announced the individual land price as of January 1, 2016 as of the instant land as KRW 2,865,000/m2.

(hereinafter “instant disposition”). C.

On June 30, 2016, the Plaintiff filed an objection against the instant disposition with the Defendant, but was notified of the dismissal decision on July 28, 2016.

After that, the Plaintiff filed an administrative appeal on the instant disposition, but received a written adjudication dismissing the Gyeonggi-do Administrative Appeals Commission on January 9, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The defendant asserts that the disposition of this case is legitimate, in light of the grounds for disposition and relevant statutes.

As to this, the Plaintiff asserted that the Defendant did not regard the land of this case as a comparative standard for the 10,232 square meters for the warehouse site in the Guang City with the usefulness similar to the land of this case (hereinafter “instant warehouse site”), and that the Plaintiff mistakenly selected D gas station site 1,282 square meters (hereinafter “instant gas station site”) different from the land of this case as a comparative standard, and that the instant disposition of this case violated Article 11(3) of the former Public Notice of Values and Appraisal of Real Estate Act (amended by Act No. 13796, Jan. 19, 2016; hereinafter “former Public Notice of Real Estate Act”).

3. Whether the instant disposition is lawful

(a) The details of the relevant statutes are as shown in the attached statutes;

(b) Determination 1) The reference land to determine the officially assessed individual land price is the reference land, that is, the specific use area, land category, land use (the actual use, surrounding environment, location, and other natural and social conditions similar thereto, which are the most similar to the relevant land use situation;

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