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(영문) 서울행정법원 2019.06.21 2018구합4281
개별공시지가결정처분 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On June 27, 1984, the Plaintiff acquired ownership by purchasing land of 1,030 square meters in Gangdong-gu Seoul Metropolitan Government C forest land, and part of the above land was divided into the instant land on September 28, 1985.

(C) The land remaining after the division (hereinafter “instant land after the division”)

On May 31, 2017, the Defendant determined and publicly announced the officially assessed individual land price as of January 1, 2017 (hereinafter “the officially assessed individual land price of 2017”) as KRW 49,800/m2.

C. On June 3, 2017, the Plaintiff filed an objection, and the Defendant, on July 31, 2017, determined the individual land price of the instant land in the year 2017 to be adjusted to KRW 935,400/m2, and publicly announced the said price.

hereinafter referred to as "disposition of this case"

(ii) [Grounds for recognition] unsatisfy, Gap evidence 2, 10, Eul evidence 1, 5, 6, 8, 9 (including branch numbers if any); hereinafter the same shall apply);

each entry, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was based on the premise that the land use status of the instant land is a road, and the publicly announced price of the instant land in 2017 was determined as KRW 935,400/m2 by multiplying the price distribution rate of 0.33 by the standard publicly announced price of the instant land.

However, the Defendant used the instant land without any title from around 197 to the road without any title. As seen above, if the road management authority calculates the officially assessed individual land price on the premise that the relevant land is a road, the individual land price of the relevant land is lower, and the amount of land compensation under the Act on Acquisition of and Compensation for Land, etc. for Public Works to be paid based on such individual land price will also be lower.

Therefore, the instant disposition based on the premise that the land use status is a road is unlawful.

(b) as shown in the relevant statutes and regulations;

C. The facts of recognition are related to the land of this case.

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