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(영문) 부산지방법원 2014.12.26 2014구합20743
표준지공시지가결정취소
Text

1. On February 21, 2014, the official announcement of the standard land price for the year 2014, which the Defendant made to the Plaintiffs on February 21, 2014.

Reasons

1. On February 21, 2014, the Defendant: (a) selected the Plaintiff’s co-owned land as the reference land and publicly announced the land price of KRW 230,000/m2 as 230/m2.

In order to select the officially announced land price of the instant land, the Defendant received each “written opinion on the survey and price assessment of the standard land in 2014” from the Korea Appraisal Board and the future new appraisal corporation.

The details of the calculation shall be as follows:

[Large-day Appraisal Board] D E [New Appraisal Board] D] without dispute, Gap evidence Nos. 1, 2 (including paper numbers, hereinafter the same shall apply), Eul evidence Nos. 4, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The determination of the officially announced price of the reference land of this case by the Plaintiffs is unlawful for the following reasons. The Plaintiffs’ determination of the officially announced price of the reference land of this case has fallen below 46,000 won/land size in 276,000 for the land of this case.

① The officially assessed individual land price of the instant land was determined as KRW 200,000/m2 in 2005, and did not amount to KRW 276,000/m20 in 2013.

② There was no reason to decline the land price of the instant land.

In other words, the area adjacent to the instant land was released from the development restriction zone, and the instant land was released from the land transaction permission zone on February 6, 2014.

In addition, the average officially announced value of the standard land across the country has increased by 3.64% compared to that in 2013, and Busan Gangseo-gu, which has the land in this case, is the place where the land price in Busan has risen for the last ten years.

③ There is a big difference from the actual transaction cases of the instant land.

Plaintiff

A around January 2013, purchased shares of the instant land from Plaintiff B in 22/2935 (in the case of conversion into an area, it shall be 22 square meters) and calculated the purchase price as 330,000/m2, and determined the purchase price as KRW 7,260,000.

In addition, the price of 1 billion won around January 2014 (=390,830 square meters) around the Busan Gangseo-gu Busan Metropolitan Government 2,661 square meters in the vicinity of the instant land is the price of KRW 1 billion (=390,830 square meters).

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