1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The court's explanation concerning this case is 8-3 L/C of the judgment of the court of first instance.

The judgment of the court of first instance is based on the reasoning stated in the judgment of the court of first instance, except for the following parts: (a) determination on dispute ① - Whether land compensation should be considered in the calculation of the average compensation unit price; and (b) such determination is based on the main sentence of Article 420 of the Civil Procedure Act.

2. In full view of the facts acknowledged earlier and the purport of the entire pleadings in Gap evidence Nos. 7 and 9 (including branch numbers), the following circumstances can be acknowledged.

① Under the instant indemnity agreement, Articles 2 (Disposal of Land) and 3 (Expenses, such as Compensation for Loss and New Construction of Distributions, etc.) are divided into the details of compensation. Under the instant special agreement, compensation is calculated based on the total floor area of the building. The fact that the land compensation received by the new road association is recognized under Article 2 (Agreement on Sale of Religious Site and Compensation for Loss, etc.) of the said agreement concluded with the Defendant association.

However, if it is excluded from the comparison of compensation with the Plaintiff church solely on the ground that the compensation items that the new road association received are different, the Defendant Union may set aside the obligation to pay additional compensation under the special agreement of this case in a way that it pays the same compensation items differently. This also goes against the purport of the provision of the special agreement of this case intending to achieve equity in the standards for payment of compensation.

Therefore, if the land compensation was paid even if there was a reason to separately pay the building compensation, the amount should also be considered to have been paid for the same purpose as the building compensation and should be reflected in calculating the reasonable unit price of compensation.

(2) The New Streets Association shall separately compensate for land.