수용보상금증액
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The issues of the instant case and the judgment of the first instance court
A. The key issue of the instant case is whether the Defendant is obligated to pay the compensation separately from each of the said lands with respect to aggregate buried in G forest land of 12,957 square meters (hereinafter “instant G land”) and H forest land of 116,656 square meters (hereinafter “instant H land”), I forest land of 5,752 square meters (hereinafter “instant land”); and whether the Defendant is obligated to pay the compensation separately with respect to aggregate buried in G forest land of 12,957 square meters (hereinafter “instant land”).
B. On the first instance judgment, Article 75(3) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects provides that "the soil, stones, sand, or gravel belonging to the land shall be compensated at a reasonable price assessed based on the transaction price, etc. only on the case where it is separately acquired or used from the land in question." On the premise that "the case where the land in question is separately acquired or separately used" means the case where the soil, stones, sand, or gravel can be a separate object from the land in question in light of the quantity of the land in question and the ease of extraction, the possibility of permission for extraction, etc., and the following facts or circumstances are comprehensively taken into account, the Defendant is obligated to compensate for aggregate at a reasonable price on the ground that the aggregate buried in each land in this case constitutes a case where it is separately acquired or used from the land in question.
① Some of the G land of this case, before the division, was divided, was collected by the Plaintiff’s clan members with permission to collect earth and stones around October 1990. Of part of the F forest land in Yangsan-si, Yangsan-si (hereinafter “F land before the division”), part of the G land of this case 9,174 square meters (hereinafter “F land after the division”) and seven parcels, such as part of the instant I land, etc., are subject to the permission to conduct development activities on May 18, 2002.