logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.03.26 2012누17737
토지수용보상금증액
Text

1. The defendant's appeal is dismissed.

2. The appeal cost (including the application cost for the return of provisional payments) shall be borne by the Defendant.

Reasons

A. If it is reasonable to assess 10% of the other conditions among individual factors, it is reasonable to evaluate that the use conditions and the land in the neighboring area’s environment are superior to 10% or more of the fixed comparative standards. In such a case, according to the method of calculating the value of other factors, the numerical value decreases to 1.195 (Article 1.2). Thus, the court’s appraisal applied the above corrective value to the calculation of the “price of representative land based on the officially announced value of standard land for other factors,” which is not 1.1 but 1.0% of the difference in the other conditions, and thus, it is unlawful for the court’s appraisal to have excessively raised the difference in the value of other factors by applying the rate of difference in the other conditions to 1.0, rather than 1.1, to 1.00 for other factors.

2) The computation formula applied to an appraisal in calculating the amount of compensation for the land to be expropriated through the comparative standard land is as follows. * The amount of compensation = The amount of compensation = The amount of compensation = the officially assessed land price of comparative standard land 】 regional factors comparative value 】 individual factors (a street conditions, access conditions, environmental conditions, catch conditions, administrative conditions, and other conditions) 】 the amount of compensation ± the price of representative land based on compensation precedents ± (b) the price of representative land based on the comparative standard land ± the price of the land based on the comparative standard land ± the amount of compensation precedents 】 the price of the representative land based on the comparative standard land ± the amount of compensation precedents 】 regional factors 】 individual factors (a change rate of land price) 】 individual factors (a) 】 the conditions of access, environmental conditions, catch conditions, administrative conditions, and other conditions). (b) The amount of compensation = the representative land price based on the officially assessed land price of comparative standard land 】 the land price adjustment rate 】 regional factors (i.e., changes rate of land price 】 regional factors 】 the adjustment conditions of land price.

arrow