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(영문) 서울행정법원 2020.02.06 2019구합64099
표준지공시지가결정처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiff B, D, and C are co-owners of the 635 square meters E in Sung-gu, Sungnam-si (hereinafter “the reference land in this case”), and the Plaintiff A is the owner of the 8,405 square meters and the 5,732 square meters in G, Sung-gu, Sung-nam-si, the neighboring land for which the officially assessed individual land price is determined based on the reference land in this case.

B. The Defendant selected the reference land of this case as the reference land pursuant to Article 3(1) of the Act on the Public Announcement of Real Estate Values (hereinafter “Real Estate Publication Act”), and determined and publicly announced the officially announced land price as of January 1, 2019 of the reference land of this case as KRW 810,000 per square meter on February 13, 2019.

(hereinafter referred to as "disposition of this case"). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1, 2, and 7 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion of this case is without reflection of the reasonable price of the reference land for the following reasons, and thus should be revoked.

1) Although land price has been explosively increased because the land adjacent to the reference land of this case was designated as H District and I District Urban Development Project Area, the instant disposition did not reflect at all the rise in market price due to the impact of the said urban development project (hereinafter “Claim 1”).

(2) Compared to the reference land in this case, the officially announced land price of the reference land was 829,000 m2, which was 430 m2 prior to Sungnam-gu J (hereinafter “J land”) where individual factors are the same as the specific use area and actual use status, but in all respects, such as accessibility.

In principle, even though the officially announced value of the reference land of this case should be higher than J land, the difference between the officially announced value of the reference land of this case and that of the surrounding reference land does not fit.

(2) In the case of the officially announced price of reference land in 32019, the officially announced price of reference land nationwide due to changes in governmental policy.

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