propriety of the judgment on compensation for losses covering the appraised value of land calculated based on the standard land price;

According to Article 46 (2) of the Land Expropriation Act, even if the amount of compensation determined by the Land Tribunal for the land for which the standard land price under the provisions of Article 29 of the Act on the Utilization and Management of the National Territory is publicly announced before the expropriation ruling is made is not calculated on the basis of the actual market price, which is a larger amount than the appraised value of the land at the time of the adjudication on expropriation based on the above standard land

Article 29 of the Act on the Utilization and Management of the National Territory, Article 46 of the Land Expropriation Act

[Defendant-Appellee] Plaintiff 1

Central Land Tribunal (Attorney Park Jae-soo, Counsel for the defendant-appellant)

Attorney Park Sung-sung, Counsel for the plaintiff-appellant of the Seoul Special Metropolitan City representative Kim Sung-sung

Seoul High Court Decision 81Gu718 delivered on November 6, 1982

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

According to Article 46 of the Land Expropriation Act, the calculation of losses caused by the expropriation of land is based on the reasonable price at the time of the adjudication on expropriation taking into account the market price of neighboring land. However, the compensation for the land in the area where the standard price is publicly notified pursuant to Article 29(1) of the Act on the Utilization and Management of the National Territory shall be based on the standard price publicly notified. However, since the standard price is stipulated as the price at the time of the public announcement from the date of the public announcement of the target area to the time of the adjudication, or the price fluctuation rate of neighboring land unrelated to the area, wholesale inflation rate, and other matters considered (Article 2(2)), the court below made a public announcement of the standard price pursuant to Article 29 of the Act on the Utilization and Management of the National Territory prior to the adjudication on expropriation of the land in this case pursuant to Article 467 of the Act on December 12, 1979, and the amount of compensation determined by the defendant is more than the land at the time of the adjudication on expropriation based on the above standard price, there is no ground for lack of illegality.

Therefore, the appeal is 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 Yoon Il-young (Presiding Justice)