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(영문) 서울고등법원 2015.06.23 2015누31505
개별공시지가 이의신청 결정취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for the addition of “determination on the Defendant’s argument” as to this case, and thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Judgment on the defendant's argument of the trial

A. The Defendant’s assertion that the land category No. 1 (B No. 2,056 square meters in women’s land) of this case falls under “farmland” under Article 2 subparag. 1(b) of the Farmland Act and Article 2(3)1(a) of the Enforcement Decree of the Farmland Act, and thus, the individual land price was determined by applying the most appropriate “responding” among the classification of land use status in the guidelines for investigation and calculation of the individual land price applicable in 2013, and land No. 2, 3 (C previous 883 square meters and D previous 1,289 square meters) also falls under “farmland,” and “farmland” under the Farmland Act. Since forestation was conducted and the land price was determined by applying the most appropriate “forest and other” among the classification of land use status, the determination of the individual land price of this case was lawful.

(b) The Minister of Land, Infrastructure and Transport shall investigate and assess the reasonable price as of the basic date of each year with respect to the reference land selected from among lands deemed generally similar to the current status of land use, surrounding environment, and other natural and social conditions (Article 3 (1) of the Public Notice of Values and Appraisal of Real Estate Act), and publicly announce such fact (Article 3 (1) of the Public Notice of Values and Appraisal of Real Estate Act), and the Mayor, etc. shall determine and publicly announce the price per unit area of each land as of the basic date of each year, following deliberation by the Real Estate Appraisal Committee for the imposition of development charges pursuant to the Restitution of

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