According to the records, with respect to the land whose base price is only publicly announced as an area subject to expropriation at the time of the ruling of expropriation, and for which no standard price has yet been publicly announced, even if the base price was publicly announced before the ruling of later filing an objection, the amount of losses caused by expropriation cannot be calculated on the basis of the base price, even though the base price was publicly announced prior to the ruling of filing an objection. This case's appraisal standard price cannot be calculated on the basis of this case's precedents (Supreme Court Decision 81Nu103 delivered on March 23, 1982; Supreme Court Decision 81Nu158 delivered on May 24, 1983; Supreme Court Decision 81Nu273 delivered on July 12, 1983; Supreme Court Decision 81Nu124 delivered on February 28, 1984). This case's appraisal standard price cannot be calculated on the basis of the advanced appraisal standard based on the appraisal standard of this case's appraisal standard.

However, according to the reasoning of the judgment below, the court below did not examine whether the above defects were found in the judgment of the defendant's objection. However, since the land price of this case was not publicly notified area at the time of the ruling of expropriation, but the reference area was publicly announced as an area subject to the ruling of expropriation, the calculation of losses caused by the expropriation should be based on the price at the time of the ruling of expropriation pursuant to Article 46 (1) of the Land Expropriation Act, but should be based on the reasonable price considering the transaction price of neighboring land. The appraisal result of the non-party 1 accepted the appraisal result of the court below's non-party 1, and judged that the reasonable price at the time of expropriation of this case is 20,345,000 won per average, and the defendant's objection is reasonable by comparing it with the compensation amount calculated by the defendant. Thus, the court below's judgment below is just by misunderstanding the legal principles as to whether the calculation of losses caused by the expropriation of this case was lawfully conducted, and even if it is based on the premise that the defendant's fault calculation method was newly calculated by 10%.

Therefore, the judgment below is reversed, and the case is remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Jong-sung (Presiding Justice)