In a case where the existing officially announced value was publicly announced at the time of the adjudication of expropriation, but the new officially announced value was publicly announced at the time of the adjudication of expropriation, and the basic date was made before the adjudication of expropriation, the standard for calculating compensation in the adjudication of expropriation (=new officially announced

Since the officially announced value shall take effect on the basis of the basic date, the assessment or compensation at the time of the price shall be determined on the basis of the officially announced value, and even if the existing officially announced value is publicly announced at the time of the adjudication of expropriation, if the new officially announced value was publicly announced at the time of the adjudication of expropriation, and if the new officially announced value was determined before the date of the adjudication of expropriation, the adjudication of expropriation should be made on the basis of the newly announced officially announced price.

Article 46 (2) of the former Land Expropriation Act (amended by Act No. 4483, Dec. 31, 1991); Article 4 of the Public Notice of Values and Appraisal of Lands, etc. Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Lee Do-young and 1 other, Counsel for plaintiff-appellant)

[Judgment of the court below]

The Central Land Tribunal et al. and one other, the defendants' attorney-at-law

Seoul High Court Decision 90Gu16162 delivered on July 11, 1991

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

In full view of the provisions of Article 46(2) of the former Land Expropriation Act (amended by Act No. 4483 of Dec. 31, 191), and Articles 4, 9, and 10 of the Public Notice of Values and Appraisal of Lands, etc. Act, the officially announced value shall take effect on the basis of the basic date. Thus, the evaluation or compensation at the time of the price after the basic date shall be determined on the basis of the publicly announced officially announced value. Even if the existing officially announced value was publicly announced at the time of adjudication of expropriation, the new published value was publicly announced at the time of adjudication of expropriation, and if the basic date was determined before the date of adjudication of expropriation, the adjudication shall be made on the basis of the newly announced officially announced land value.

According to the records, the Minister of Construction and Transportation publicly announced the officially announced land price in 1990, which was the basic date on December 30, 1989, which was the basic date on July 1, 1989, and later announced the basic date on April 30, 1990, which was the basic date on April 30, 199. Meanwhile, the adjudication date of expropriation in this case was March 30, 1990 and the adjudication date was August 28, 199. Thus, the compensation amount for the land to be expropriated in this case should be calculated on the basis of the officially announced land price in 1990.

Nevertheless, under the premise that the above decision of this case was based on the officially announced land price in 1989, the court below held that the method of appraisal by the Sam Chang Chang Certified Public Appraiser joint office and the Seoul Certified Public Appraiser joint office based on the calculation of compensation amount was lawful. Thus, this decision is erroneous in the misapprehension of legal principles as to the calculation standards of compensation for losses, and it is obvious that this affected the result of the judgment, and therefore, it is reasonable to point this out.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent

Justices Yoon Jae-ho (Presiding Justice)