Whether the declaration of intention by the Minister of Construction and Transportation is necessary to substitute the standard land price for the officially announced land price from July 1, 1989 to the date of public announcement of the officially announced land price (negative)

Article 5 of the Addenda to the Public Notice of Values and Appraisal of Lands, etc. Act shall, as a matter of course, interpret the standard land price as a substitute for the officially announced land price from July 1, 1989 to the public notice of the officially announced land price under the Public Notice of Values and Appraisal of Lands, etc. Act, regarding the land for which the standard land price is publicly notified pursuant to Article 29 of the former Act on the Utilization and Management of the National Territory and the Public Notice of Values and Appraisal of Lands, etc. Act (Elimination by Act No. 4120,

Article 5 of the Addenda to the Public Notice of Values and Appraisal of Lands, etc. Act, Article 46 (1) and (2) of the former Land Expropriation Act (amended by Act No. 4483, Dec. 31, 1991); Article 29 of the former Act on the Utilization and Management of the National Territory (amended by Act No. 4120, Apr. 1,

[Defendant-Appellant] Park Jong-ok, Counsel for defendant-appellant

Central Land Tribunal and one other

Seoul High Court Decision 90Gu1498 delivered on May 30, 1991

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

Article 46 (1) and (2) of the Land Expropriation Act (amended by Act No. 4483 of Dec. 31, 1991) provides that "the calculation of losses for goods to be expropriated shall be based on the price at the time of expropriation or use ruling, and compensation for land shall be based on the officially announced price under the Public Notice of Values and Appraisal of Lands, etc. Act (hereinafter referred to as the "Public Notice of Values and Appraisal of Lands Act")." Articles 1 and 5 of the Addenda of the Public Notice of Values and Appraisal of Lands, etc. Act provide that "the officially announced land price shall be enforced from July 1, 1989, and the Minister of Construction and Transportation may substitute the officially announced land price under the provisions of Article 29 of the Public Notice of Values and Utilization of the National Territory Act as at the time of entry into force of this Act until the land price under this Act is publicly announced, and it shall not be interpreted that the officially announced land price under the Public Notice of Values and Utilization of the National Land Act shall be replaced by the officially announced land price under Article 98 of the Public Notice Act.

In the same purport, the court below did not decide whether the previous standard land price is the officially announced land price and did not determine whether the previous standard land price is the officially announced land price and deemed the previous standard land price was substituted by the officially announced land price, and thus, the decision of the court below is just, and there is no error of law by misapprehending the legal principles as to Article 46 (1) and Article 5 of the Addenda of the Land Expropriation Act as to the land price publication

Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Jae-ho (Presiding Justice)