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(영문) 의정부지방법원 2020.01.21 2018구합2761
개별공시지가결정처분 취소의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Details of the disposition

The Plaintiff is the owner of each land of this case.

On January 1, 2018, the Defendant determined and publicly announced the officially assessed individual land price as of January 1, 2018 on the instant land No. 1 as of May 31, 2018, KRW 2,480,000 per square meter, and KRW 1,960,000 per square meter in the instant land No. 2.

(hereinafter “instant disposition”). In determining the above publicly assessed individual land price, the Defendant selected D 229 square meters (hereinafter “non-standard land 1”) for the land No. 1 in Namyang-si, Namyang-si, and as a comparative standard land for the land No. 2 in this case, E 122 square meters (hereinafter “non-standard land 2”).

1) On the ground of the land use (land use status) of urban/Gun planning facilities (land use status), the land category of the No. 1: Class 2 general residence on the land of this case - the land of this case 2 general residence - the land of this case - the land of this case 2 general residence 2 general residential roads, roads, and other flat-type private bridge 3, if the land use of the land of this case 2 general residence 2 general residential roads and other flat-type general residential roads, the land use area of the No. 2 general residential roads of this case 4, the land use area of this case 4, the land use area of the No. 2 residential roads of this case

D. The results of the study on the characteristics of each land of this case 1 and 2 are as follows:

[Grounds for recognition] Uncontentious facts, Gap evidence Nos. 1 and 2, Eul evidence Nos. 2 (including provisional number), the purport of the whole pleadings, and the purport of the disposition of this case as to whether the disposition of this case is legitimate or not, the disposition of this case should be revoked as unlawful for the following reasons.

Although the Defendant evaluated the land No. 1 in the instant case as a shape of a bridge, the Defendant assessed the land as a shape of a bridge, and on the ground of “maintenance of balanced land price”, “the Guidelines for Investigation and Calculation of Individual Land Price applicable in 2018” (hereinafter referred to as “the Guidelines

In accordance with the above, the officially assessed individual land price was determined by arbitrarily adjusting the land price at the adjacent Nam-si, and in the case of F land at the adjacent Nam-si, the officially assessed individual land price is almost identical to the land No. 1 of this case, even though the location, land use, and shape are almost identical to the land of this case

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