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(영문) 서울고등법원 2017.01.13 2016누35863
토지수용이의재결처분취소 등
Text

1. The plaintiff's appeal and the claim extended in the trial are dismissed, respectively.

2. The appeal costs and the claims in the trial.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the judgment of the first instance, except for the addition of the plaintiff’s additional arguments in the trial of the first instance and the determination of a claim for extension of the trial at the court of the second instance under Articles 8(2) and 420 of the Administrative Litigation Act, and the main text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The amount of compensation according to the court appraisal at the court of first instance for the Plaintiff’s assertion is significantly different from the market price of each of the instant lands (at least KRW 500 million as of August 21, 2014), and the result of the court appraisal at the court of first instance did not take into account the objective situation based on the location, shape, environment conditions, and the general use method of each of the instant lands. In particular, the court appraiser at the court of first instance for the reason that the location, shape, and use status of each of the instant lands and the objective situation based on the general use method are significantly different from each of the instant lands, even if the location, environment and shape conditions and the general use method are significantly different from each of the instant lands, the court appraiser at the court of first instance erred by selecting a comparative standard itself and selecting an appraisal.

B. Unless there are special circumstances, comparative standards for determination shall give priority to specific-use areas within the urban planning zone, and shall give priority to the actual land category in accordance with the actual utilization situation outside the urban planning zone. However, if there is no such land, considering the characteristics of the land category, use, surrounding environment, location, etc., the natural and social conditions should be selected as the land identical or most similar to the land subject to appraisal. Even if there is a little difference between the specific-use area of the standard land and the land subject to appraisal and the surrounding environment, it can be concluded that such a difference in the selection of the standard land itself is erroneous, such as analysis of regional factors or individual factors.

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