손실보상금증액
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
1. Regarding ground of appeal No. 1
A. 1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”).
Article 40(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”)
According to Article 70(1) and (4), in cases of expropriation for a rearrangement project, the amount of compensation shall be calculated based on the officially announced value publicly announced as of the date of the public announcement of the authorization for project implementation, which is the date prior to the date of public announcement of the authorization for project implementation deemed the date of public announcement of the authorization for project implementation. 2) In addition, the authorization for project implementation under the Urban Rearrangement Act is characterized by the authorization for project implementation pertaining to the granting of the right to expropriate land under Article 70(1) and (4).
Therefore, if a project implementation plan consisting of a specific land as a site for the first project implementation is void automatically or cancelled by a court's final judgment, the project approval which is deemed invalid thereby shall also become void.
However, in case where the first project implementation authorization that takes specific land as the site for the first project implementation is in force, and the legal effect of the project authorization is maintained accordingly, the legal effect of the project authorization as the first project implementation authorization is maintained, unless there are special circumstances.
In the case of authorization to substantially change the main contents of the first project implementation authorization by changing the contents of the project implementation plan, such as the structure and contents of a building, without any change, the first project implementation authorization remains valid and it is changed.