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(영문) 서울고등법원 2015.02.12 2014누55955
개별공시지가결정취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance, except for the cases where part of the judgment is changed as stated in the following Paragraph (2). Thus, it shall accept it in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. On January 1, 2013, the second sentence of the judgment of the court of first instance (hereinafter “instant disposition”) No. 15, the part “ determined and publicly announced as the officially assessed individual land price as of January 1, 2013 of the instant land” was determined and publicly announced as of January 1, 2013 (hereinafter “instant disposition”).

(b) Each “Defendant” portion of the Second Instance 7, 20, 5, 8, 6, 10-11 of the judgment of the court of first instance shall be described as “Seoul Special Metropolitan City Gwangjin-gu”.

C. In full view of the 10th sentence of the first instance court’s 6th sentence “Non-existent point (see, e.g., Supreme Court Decision 9Du1953, Dec. 8, 2000),” the part “ does not exist” (see, e.g., Supreme Court Decision 99Du1953, Dec. 8, 200). In full view of the fact that the Defendant assessed the land use status at the time of the instant disposition as “road” different from the land category at the time of the instant disposition, solely based on the actual situation, the Defendant did not newly grant the right to occupy the said land to the Defendant (Seoul Special Metropolitan City Gwangjin-gu).

Part VI through VII of the judgment of the first instance court shall be written in the following manner:

【Top, as seen earlier, the Guidelines for the Investigation and Calculation of Individual Land Price applied in 2013 (hereinafter “instant Guidelines”)

In principle, a road, etc. publicly notified as a Si/Gun planning facility, which has a strong public character not only for the purpose of commencing or completing the project, but also for the public use, etc.

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