1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The reasons why the court should explain this part of the ruling are the same as the reasons corresponding to the judgment of the court of first instance. Thus, this part of the ruling is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion has purchased the land to be expropriated in around 1965 and has planted and managed the instant trees on the ground. Therefore, the instant trees are subject to compensation for losses separate from the land to be expropriated in accordance with Article 75 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) and Article 37 of the Enforcement Rule of the Public Works Act.

Therefore, the defendant should pay to the plaintiff the amount claimed as compensation equivalent to the transfer cost of the trees of this case.

(b) Article 75 (Indemnity for Goods, such as Buildings) (1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor for Land, etc. for Public Works Projects (hereinafter referred to as "building, etc.") is to be compensated with the cost of relocation (hereinafter referred to as "transfer cost") for buildings, standing trees, structures and other goods fixed on land.

Article 37 (Evaluation of Excess Trees, etc.) (1) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereafter the same shall apply in this Article) with respect to fruit trees and other trees (hereafter referred to as "profit-making trees" in this Article) or ornamental trees (excluding seedlings; hereafter the same shall apply in this Article), which make profits therefrom, shall be assessed by comprehensively taking into account the standards of species, the quantity of trees received, the area of trees to be planted, the conditions of management, profitability, possibility of transplantation, difficulty of transplantation

Article 38 (Evaluation of Seeds and seedlings) (1) A project performer shall appraise seedlings in comprehensive consideration of whether it is possible to commercialize seedlings, the rate of high-liability loss resulting from transplantation, the level of growth and management conditions, etc.

Article 39 (Appraisal of Standing Timber, etc.) (1) Standing timber (including bamboo and trees; hereafter the same shall apply in this Article).