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(영문) 서울행정법원 2017.09.08 2016구합79298
개발부담금 부과처분 취소 등
Text

1. On July 25, 2016, the officially assessed individual land price of the year 2016 for the land Nos. 1 and 2 listed in the list of real estate attached hereto is each 1,670.

Reasons

Details of the disposition

On November 9, 2015, the Plaintiff filed an application for permission to open new access roads due to the expropriation of existing access roads to each of the instant land, development activities for the installation of employee resting facilities (hereinafter “instant development activities”) with the Defendant on January 12, 2016, on the following grounds: (a) the Plaintiff was notified by the Defendant that the illegal alteration of the form and quality of part of the instant 3, 4, and 5 land will first be restored to its original state (the removal of ice containers, tree trees, and grass creation).

The Plaintiff completed restoration works for the portion illegally changing the form and quality from January 16, 2016 to January 17, 2016, and subsequently received permission from the Defendant for development activities (land form and quality alteration) from the Defendant on April 6, 2016.

On April 11, 2016, the Plaintiff commenced the instant development activities and completed the completion inspection on April 26, 2016 after the completion of April 14, 2016.

Meanwhile, on April 29, 2016, the land category of each of the instant land was changed to a building site, and was combined into a building site of approximately 17,776 square meters in Seocho-gu Seoul Metropolitan Government, Seocho-gu, the Plaintiff’s ownership (hereinafter “Plaintiff’s comparative standard site”).

The Defendant, in the process of determining the officially assessed individual land price of each of the instant lands, calculated the standard land price of each of the instant lands as the standard land for comparison of the Plaintiff’s claim. The officially assessed individual land price of each of the instant lands is KRW 2,140,000/m2, respectively, and the officially assessed individual land price of the instant land is KRW 1,647,00/m2, and the officially assessed individual land price of the instant land of KRW 5 is KRW 1,729,000/m2.

On April 2016, the Defendant requested a certified public appraiser to verify the validity of the above calculation price. A certified public appraiser replaced the comparison standard of each of the instant lands with the area of 489 square meters prior to Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, with the land price of the instant case 1 and 2 as the individual land price of the instant land KRW 514,100/m2, respectively, and the instant land 3.

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