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(영문) 서울고등법원 2018.02.06 2017누75219
개별공시지가결정취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts to be filled or added below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

At the bottom of the third part of the judgment of the first instance, the "Evidence 6, 16, and 18 of the A" shall be deemed as "Evidence 6, 16, and 18 of the A," the last parallel "Evidence 1, 4, and 4 of the A" as "Evidence 1, 4, and 7 of the A," and the "Evidence 6 of the A" as "Evidence 6, 18 of the A," respectively.

See the fourth and fifth principles of the judgment of the first instance, the term “the reference land with the same land use status is the same as the main land use (referring to the reference land in which the main land use is the same as the dwelling, commercial, business, main complex, industrial, rice, field, and forest)” is added.

Then, the fourth 7 pages of the judgment of the first instance added “(the part on which the building is not attached to the instant land is used as the functional test course of the driving school).”

On the 11st day of the first instance judgment, the 4th day of “luminous incineration” is added to “land adjoining at least one side of a road (explost to not less than 8m and less than 12m)” following the 11st day of the first instance judgment.

See the 4th page 12 of the judgment of the first instance, the phrase “bandglights” is added to the phrase “(land adjoining at least one side to which one side is able to pass a motor vehicle at a distance of less than eight meters).”

At the fourth bottom of the judgment of the first instance, the following shall be added:

⑤ Although the area of the instant land and the gas station site has a considerable difference between 19,693 square meters and 1,282 square meters respectively, according to the method of application by land characteristics in the guidelines for the investigation and calculation of the officially assessed individual land price applicable in 2016, the rate of land size is applied only when the forest (the main purpose of use is forest) with the same standard and the land use of the land subject to the investigation is identical. As such, the land category is “miscellaneous land” and the land of this case, the main purpose of which is “commercial use,” is not subject

2. Conclusion.

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