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(영문) 서울행정법원 2018.08.23 2018구합57476
개별공시지가결정처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details and details of the disposition

A. SELDC Co., Ltd. (hereinafter “SELDC”) completed the construction after obtaining approval of the project plan of the “Private Housing Construction Project in the Special Planning Zone C2” (hereinafter “instant project”), which constructs three multi-family housing buildings, one office building, and other auxiliary and welfare facilities, on the land listed in the list of [Attachment 2] from the Defendant (hereinafter “instant land”).

On July 31, 2017, the Plaintiff was entrusted with the instant land by SELD, and was approved by the Defendant for the use of a building newly built in accordance with the said business.

B. After determining the land use status of the instant land as a main complex site, the Defendant: (a) selected as a comparative standard site the land use status of 450 large scale 4,232 square meters (hereinafter “the instant standard land”) in the vicinity of the instant land; and (b) determined and publicly announced the officially assessed individual land price as of January 1, 2017 as of May 31, 2017, by comparing the instant land and individual factors with the instant land.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1-4, 7, Eul’s evidence No. 2, the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. On the ground of the Plaintiff’s assertion 1, there are three buildings on apartment buildings, one office building, and annexed facilities. Among them, the site area of apartment buildings accounts for about 62.5% of the total area of the instant land. As such, the main purpose of the instant land should be deemed to be “residential”.

In violation of the guidelines for investigation and calculation of the officially assessed individual land price applied in 2017, the instant disposition erroneously judged the use of the instant land as the main complex site. As a result, the instant standard land price, which is the main complex site, is calculated as a comparative standard, and thus, is unlawful.

2. The instant disposition is a similar price right with a high land price.

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