손실보상금 감액 청구
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the following judgments as to the matters alleged by the Plaintiff at the trial, thereby citing the reasoning of the first instance judgment pursuant to the main text of Article 420 of the Civil Procedure Act and Article 8(2) of the Administrative Litigation Act.
2. Additional determination
A. Even if the land of this case was used as “factory site”, it should be viewed as temporary use.
Public Corporation changed its form and quality to land for factory after obtaining permission for development activities on the land of this case lawfully.
Even if the permission period expires, the instant permission was granted on the condition that the instant land will be restored to its original state, i.e., “pred, paddy, and forest” at the time of changing the form and quality.
Therefore, the public official should restore the forest to its original state before changing the form and quality upon the expiration of the permission period in this case. However, the public official did not restore to its original state.
In addition, even though the Sinnam City made a disposition to guide the public official to restore the form and quality of the land of this case to its original state on several occasions, the public official did not comply with the disposition.
Although the land category of the instant case was changed from “a field, paddy field, and forest land” to “a factory site,” it appears to be due to the fact that there was a review cost or a practical number of public officials in charge, and the land category is merely an incidental factor in determining the status of land use.
In full view of the above various circumstances, the use of the instant land as “factory site” is deemed temporary use, and it is also a case where the form and quality of the instant land has been changed unlawfully.
Therefore, the amount of compensation for the land of this case should be assessed and calculated as “electric field, paddy field, and forest land”, which is the original state of use.
B. 1) On land: (a) relevant legal doctrine;