[1] The method of calculating road surface conditions in accordance with the guidelines for the investigation and calculation of individual land price by land characteristics under the Act on the Public Notice of Land Price and the Evaluation of Land, etc.

[2] The case holding that the determination of the conditions of contact with the local highway directly contacted with the land is unlawful in examining and calculating the conditions on the surface of the road at the location of the land at issue

[1] In accordance with the provisions of Article 10-2 (2) of the Act on the Publication of Land Prices and the Evaluation of Land, Etc., and Article 12-3 of the Enforcement Decree of the same Act, the condition of "road surface" in the investigation guidelines for each item of land characteristics as determined by the Minister of Construction and Transportation pursuant to the provisions of Article 12-3 of the same Act is mainly an investigation into one item of land characteristics based on the fact that such condition affects the utility value of the relevant land in terms of construction, traffic, etc. and serves as a factor for formation of the land price, and in principle, it shall be calculated based on the actual usage status. However, if a temporary or temporary part is not used or used as a road due to special circumstances at the time of calculating the condition on the surface of a road, it shall not be considered as the current situation. In addition, if the width of the part directly contacted with the land subject to appraisal is specially wider than or narrow, it shall not be considered only the part directly contacted with the land

[2] The case holding that in investigating and calculating the conditions on the surface of a local highway that has a direct contact with the land, the determination of the conditions on the surface is unlawful considering only the road width of the local highway that has a direct contact with the land

[1] Article 10-2 (2) of the Act on the Public Notice of Land Price and the Evaluation of Land Price, Article 12-3 of the Enforcement Decree of the Act on the Public Notice of Land Price and the Evaluation of Land, etc. / [2] Article 10-2 (2) of the Act on the Public Notice of Land Price and the Evaluation of Land Price, etc., Article 12-3 of the Enforcement Decree of

[1] Supreme Court Decision 99Du2123 delivered on December 8, 2000 (Gong2001Sang, 286)

Plaintiff

The Yangju Market

Seoul High Court Decision 2005Nu14624 decided May 4, 2006

The part of the lower judgment against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

We examine the grounds of appeal.

In accordance with the provisions of Article 10-2(2) and Article 12-3 of the Enforcement Decree of the Act on the Publication of Land Prices and the Evaluation of Land, Etc., the condition of "road surface" in the investigation guidelines for each item of land characteristics as determined by the Minister of Construction and Transportation pursuant to the provisions of Article 10-2(2) and Article 12-3 of the Enforcement Decree of the same Act is mainly an investigation into one item of land characteristics based on the fact that the condition affects the utility value of the relevant land in terms of construction, traffic, etc. and thus becomes an element of formation of the land price (see Supreme Court Decision 9Du2123, Dec. 8, 2000). However, if a temporary or temporary part is used or not used as a road due to a special circumstance at the time of calculating the condition on the surface of a road, the condition cannot be considered as a situation where the width of the part directly contacted with the land being valued is wider or narrow, without considering the restrictions on the public law or the overall conditions of use of the road.

The lower court upheld the first instance judgment that determined to the effect that “The 347 local highway adjoining to the west of the key land in the investigation and calculation of the road surface of 730 square meters wide ( Address omitted) in Yangju-si among the instant land (hereinafter referred to as “submerged land”) constituted “the 347 local highway” as the west of the key land is approximately 5 meters since the breadth of the road is approximately 5 meters.”

However, the appraisal result of the appraiser of the non-party adopted by the first instance court on the premise that the width of the road adjacent to the disputed land is about five meters (record 146 pages), but it is clearly impossible to find the grounds therefor, and it is not clear whether the road width of the "347" including the part directly contacted with the disputed land is about five meters as a whole, and the following circumstances acknowledged by the record are as follows. In other words, the road width in the cadastral map of the relevant road is 8 meters, and the road width is 8 meters. The road width in the cadastral map of the relevant road is adjacent to the relevant road and the road use condition of other land similar to the road use condition is calculated as "a small area" (record 146 pages), and there is no possibility that the remaining evidence alone does not affect the conclusion of the judgment by admitting the fact that the road width, including the road width of the directly contacted part on the land, constitutes a temporary or temporary ground for appeal pointing out the fact that it does not constitute a violation of the rules of evidence or it does not constitute a temporary or temporary ground for appeal.

Therefore, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Nung-hwan (Presiding Justice)