Legal nature of the guidelines for the joint investigation of individual land price;

In examining land prices by administrative agencies, including the State and local governments, an individual land price combination survey guidelines (which was enacted by the Prime Minister Directive No. 241 of Apr. 14, 1990 and amended by the Prime Minister Directive No. 248 of Apr. 2, 1991) with the aim of prescribing matters necessary for the joint work system, price determination procedure, etc. of the relevant administrative agencies should be deemed to have the legal nature of an enforcement order for enforcement of Article 10 of the Public Notice of Values and Appraisal of Lands, etc.

Article 10 of the Public Notice of Values and Appraisal of Lands, etc. Act, Article 12 subparag. 1 of the Enforcement Decree of the Public Notice of Values and Appraisal of Lands, etc. Act, and Article 2(3), Articles 7, and 8 of the Guidelines for Joint Investigation of Values and Appraisal of Lands, etc. Act (amended by the Prime Minister Directive No. 241 of Apr. 14, 190 and amended by the Prime Minister Directive No.

[Plaintiff-Appellant] Plaintiff 1 and 2 others (Law Firm Gong1994Sang, 1020, Counsel for plaintiff-appellant)

Plaintiff 1 et al., Counsel for the plaintiff-appellant-appellee

The head of Seocho-gu Seoul Metropolitan Government

Seoul High Court Decision 94Gu14034 delivered on December 2, 1994

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

1. In investigating land prices by administrative agencies, such as the State and local governments, the guidelines for joint investigation of individual land prices (which was enacted by Prime Minister Directive No. 241 of Apr. 14, 1990 and amended by Prime Minister Directive No. 248 of Apr. 2, 1991) with the aim of providing for matters necessary for the joint work system, price determination procedure, etc. of the relevant administrative agencies, shall be deemed to have the legal nature of an enforcement order for the enforcement of Article 10 of the Public Notice of Values and Appraisal of Lands, etc. of Lands, etc. Act (hereinafter “Public Notice of Values and Appraisal of Lands, etc.”) and thus, the lower court’s judgment to the same purport is justifiable, and the allegation in the grounds of appeal on this point is without merit.

2. Based on its evidence, the court below rejected all the plaintiffs' arguments as to the selection and calculation price of reference land for determining the individual land price of this case and the method of determining the adjustment price of the land of this case owned or owned by the plaintiffs in 1993 in accordance with the Publication of Land Prices Act and the guidelines for the joint investigation of land price of this case, which are held by the defendant in accordance with the procedure and procedure set forth in its reasoning, and notified the plaintiffs by final determination of the individual land price of this case as 9,430,000 won, and the reference land of this case and the reference land price of this case. The court below rejected all the plaintiffs' arguments as to the determination of the reference land price for determining the individual land price of this case by the defendant. The facts and determination as stated in its reasoning are deemed correct, and there is no violation

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

Justices Park Jong-ho (Presiding Justice)