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The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The lower court determined that the designation of a clearance zone under Article 8 of the former Motorway Act (amended by Act No. 3912 of Dec. 31, 1986) and the designation of a green area under Article 17 of the former Urban Planning Act (amended by Act No. 2988 of Dec. 31, 1976; Act No. 2 of the Addenda of the National Land Planning and Utilization Act (Act No. 6655 of Feb. 4, 2002) should be deemed a separate concept, and it is difficult to see the designation of a green area as a clearance zone as to each of the of the of the of the of the of the of the of the instant land as a de facto clearance zone, and there is no circumstance to deem that there is any legislative intent or purpose to lower compensation therefor, and there is no violation of the designation of a green area as a green area on each of the instant land or an abuse of discretion.
The judgment below
Examining the reasoning in light of the above relevant laws and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to
2. Article 23(1) of the Enforcement Rule of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) provides that “The land subject to restrictions in public law shall be assessed according to the condition under which such restrictions are limited: Provided, That where the restrictions in public law directly aim at the implementation of the relevant public works, it shall be assessed by considering the condition under which there is no restrictions.”
Therefore, in calculating the amount of compensation for land subject to restrictions in public law, if the restrictions in public law directly aim at the implementation of the relevant public works, it is necessary to consider the condition that the restrictions are not imposed, but the restrictions in public law should be implemented.