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1. The judgment of the court of first instance is modified as follows.
Of the instant lawsuits, KRW 90,872,727 and its amount.
Reasons
The reasons for this part of the ruling are the same as the corresponding part of the judgment of the court of first instance, including the attached Form. Therefore, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
We examine whether the remaining part of the lawsuit in this case is legitimate ex officio as to the claim for compensation for the remaining land among the lawsuit in this case.
Plaintiff
The summary of the argument is that the project of this case is divided into 202 square meters of forest land, which is part of 1,035 square meters of forest land in Nam-gu, Busan, Busan, and owned by the Plaintiff, and thus, the value of the remaining land (hereinafter “the remaining land of this case”) has decreased and the Defendant exercised the right to purchase the remaining land. As such, the Defendant is obliged to pay compensation for the decline in the value of the remaining land of this case (=181,745,454 x 1/2 of the Plaintiff’s share) and its delay damages.
Judgment
Article 73 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) provides that “If the price of the remaining land is reduced or there is any other loss due to the acquisition or use of part of a group of land belonging to the same owner, or if it is necessary to install a passage, ditch, fence, etc. or to carry out any other construction work on the remaining land, the project operator shall compensate for the loss or the cost of such construction, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That where the sum of the reduced price of the remaining land and the construction costs for the remaining land exceeds the price of
In addition, Article 74 of the Public Works Act provides that if it is substantially difficult to use the remaining land for its original purpose because part of a group of land belonging to the same owner is purchased or expropriated through consultation, the relevant landowner shall purchase the remaining land to the project operator.