손실보상금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. In the first instance court, the plaintiff filed a claim for the payment of increased compensation and damages for delay corresponding to the difference between the legitimate compensation amount according to the result of the appraisal of the first instance court with respect to the land owned by the plaintiff and the compensation amount for its delay. ② The court of first instance also filed a claim for the payment of housing relocation expenses, directors' expenses and resettlement funds and damages for delay. The court of first instance affirmed the plaintiff's claim for the above (1) and (2).
The plaintiff did not appeal against this, and the defendant appealed only to part of the part against the defendant as to the above claim of the first instance judgment.
Therefore, the scope of this court's adjudication is limited to the part of appeal filed by the defendant against the defendant.
2. The reasoning of this court is as to this case cited in the judgment of the court of first instance, with the exception that the term "this court" in the 16th sentence, the 10th sentence, the 15th sentence, and the 15th sentence in the 16th sentence, the 16th sentence, the 10th sentence, the 15th sentence, and the 19th sentence is all "the first instance court", and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 42
[C] Whether part of the instant land (13 square meters; hereinafter “instant land”) constitutes a de facto private road (1) Article 70(6) of the Land Compensation Act provides that the detailed methods of calculating and assessing the amount of compensation for the land to be acquired and the rights other than the ownership thereof shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. Article 26(2) of the Enforcement Rule of the Land Compensation Act provides that a de facto private road is a road, other than a private road under the Private Road Act, built by a landowner himself/herself for the convenience of his/her own land, (1) a road (No. 1); (2) a road (No. 2); and (3) a building.