The method of calculating compensation for losses where the development gains from the project to be expropriated are included in the officially announced land price or are not reflected in the natural increase in land prices;

Since development gains from the implementation of a project to expropriate land are not included in the objective value at the time of expropriation, in calculating the compensation for losses for the land to be expropriated, if the development gains from the implementation of the project are included in the officially announced land price under Article 46 (2) of the former Land Expropriation Act (amended by Act No. 4483 of Dec. 31, 191), which is the basis for calculating the compensation for losses under Article 46 (2) of the Public Notice of Values and Appraisal of Lands, etc. Act, such development gains shall be excluded from the officially announced land price, and the compensation for losses shall be assessed on the basis of the exclusion of such development gains from the officially announced land price. On the contrary, if the officially announced land price fails to reflect the increase in the natural land price, in which the land price is excluded from the development gains due to the implementation of the project

Article 46 (2) of the former Land Expropriation Act (amended by Act No. 4483 of Dec. 31, 1991)

[Plaintiff-Appellee] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Domin-young and 1 other, Counsel for plaintiff-appellee)

[Defendant-Appellee] Plaintiff 1 and 21 others, Counsel for defendant-appellee

Central Land Tribunal and one other Defendants (Attorney Kim Young-young, Counsel for the defendant-appellant)

Seoul High Court Decision 91Gu14170 delivered on June 11, 1992

All appeals are dismissed.

The costs of appeal shall be assessed against the defendants.

The defendants' attorney's grounds of appeal are examined.

1. Article 46 (2) of the former Land Expropriation Act (amended by Act No. 4120 of Apr. 1, 1989; Act No. 4483 of Dec. 31, 1991) provides that "the compensation for land shall be based on the officially announced land price under the Public Notice of Values and Appraisal of Lands, etc. Act, which shall apply to the calculation of compensation for losses for the land to be expropriated, and the compensation for land shall be based on the appraised land price under the relevant Acts and subordinate statutes from the basic date until the basic date to the determination thereof, or taking into account the fluctuation rate of land prices, wholesale price, and other factors." Since the development gains from the implementation of the expropriation project shall not be included in the objective value at the time of expropriation, the compensation for losses shall be determined based on the officially announced land price under the Public Notice of Values and Appraisal of Lands, etc. Act, which is the basis for the calculation of compensation for losses under the above provisions, if the development gains from the implementation of the expropriation project are included, and the compensation amount shall be determined based on 397.

2. According to the appraisal report by the non-party appraiser of the court below, the officially announced land price of each reference land to be applied to the land to be expropriated in this case on January 1, 1990, which was based on the basic date, was 15.2% higher than the officially announced land price of July 1, 1989, which was based on the basic date and the officially announced land price of each reference land to be expropriated in this case on July 1, 1989, respectively, the average of 51.7% higher than the officially announced land price of each reference land located outside the project district, which is located outside the project district. This is the fact that the officially announced land price of the reference land located outside the project district of this case was not reflected in the proportion of natural land price so that the land price of the reference land to be expropriated in the project district of this case did not have to be reflected in the proportion of the land price so as to exclude the development gains from the land price of the reference land in this case, and that there is no reasonable or reasonable calculation of the officially announced land price of the reference land.

The assertion is groundless.

Moreover, it is difficult to accept as the grounds of appeal, since the Defendants alleged in the grounds of appeal that they were wrong to exclude development gains from the officially announced land price of reference land on the ground that they included development gains in the officially announced land price of reference land.

3. 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 on the bench.

Justices Kim Yong-sung (Presiding Justice)