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(영문) 수원지방법원 2015.06.02 2014구합5416
개별공시지가결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 1, 2004, the Plaintiff completed the registration of ownership transfer on the previous 2,231 square meters (hereinafter “instant land before the instant partition”).

B. As of January 1, 2007, the Defendant calculated the officially assessed land price in 2007 as to the land prior to the instant partition, it shall be deemed that the 1,004 square meters among the above land is located in the green conservation area, and the 1,227 square meters among the above land is located in the development restriction area, respectively. The Defendant selected the 832 square meters and 764 square meters prior to D as a comparative standard place, and on May 31, 2007, determined and publicly announced the officially assessed land price of the instant land prior to the instant subdivision as KRW 154,00 per 1 square meter according to the weighted average method in the area of each specific-use area (hereinafter “instant disposition”).

C. On December 21, 2007, the land category of 1,155 square meters, located in the green conservation area, among the land before the division of this case, was changed from “former” to “large”, and the land category of 1,076 square meters located in a development restriction zone was changed to “large”. The land size of 1,076 square meters located in the development restriction zone was 1,076

(hereinafter referred to as “land after the division and land category change”). 【No dispute exists over the land after the division / [based on recognition], Gap evidence 1-1, 2, 2-1, 2-2, Eul evidence 1, 2-2, and the purport of the whole pleadings.

2. On December 14, 2005, the Plaintiff: (a) obtained approval of a plan for the establishment of a private museum on December 7, 2007, with the land and the land of 2,531 square meters in Ansan-gu, Ansan-si; and (b) obtained approval of a plan for the establishment of the private museum on December 7, 2007 after the division of the instant land; (c) accordingly, the land after the division of the instant case is identical to the land of 2,531 square meters in Ansan-gu, Ansan-gu and the land of 2,531 square meters in size; and (d) accordingly, the publicly announced individual land price in the year 2007 should be equally determined as KRW 340,00 per 1 square meter in size; and (e) the Defendant

Article 20 (1) and (2) of the Administrative Litigation Act shall be instituted within 90 days from the date when the person becomes aware of the disposition, etc., and it shall be filed from the date of the disposition, etc.

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