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 grounds alleged by the defendant in the trial of the court of first instance do not differ from the contents alleged by the defendant in the court of first instance, and even if the defendant's argument is re-examineed by the evidence submitted in the court of first instance, the court of first instance rejected the defendant's argument and the judgment of the court of first instance, which accepted the plaintiff's claim, is justified.
Therefore, the court's explanation on the instant case is consistent with the reasoning of the judgment of the court of first instance, except for the addition of the following judgments, and thus, citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. The addition;
A. According to the appraisal result of each aerial photography in 1966, 1972, 1977, and 1981 (hereinafter “the appraisal result of this court”), the Defendant asserts that each of the instant land shall be deemed to have been reclaimed after June 27, 1961, effective the former Forestry Products Control Act, and that even if not, it shall be deemed that the portion of the land which was reclaimed before June 27, 1961 is smaller than the area read as cultivated land from the aerial railway around the above 1966.
According to the court's appraisal results, around 1966, the E-owned land area was 592.1 square meters (37.2% of the total area) and the F-owned land area was 124.7 square meters (18.7%) and thereafter, it is recognized that the farmland area of each of the instant land was gradually expanded.
However, such circumstance alone alone is that the entire land of this case was not reclaimed before June 27, 1961.
Since it cannot be readily concluded that the area of the cultivated land was smaller than that of the cultivated land around 1966, even if the area of the cultivated land was small, it is the specific location of the cultivated land which was developed before June 27, 1961.