1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

1. The first instance court, within the scope of this Court’s adjudication, rejected the Plaintiff’s claim for payment of compensation due to building repairs, and accepted the claim for payment of compensation for land. The part of claim for compensation for losses due to the Defendant’s failure to appeal the lost part was excluded from the scope of this Court’s adjudication.

Therefore, this Court decides only the claim for compensation due to the plaintiff's repair of the building against the defendant.

2. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance (from 9 to 3rd 9 pages of the judgment of the court of first instance). Thus, the court's explanation on this part is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article

3. Determination on the claim for payment of compensation for losses caused by building repairs

A. The Defendant asserts that the Plaintiff’s claim for adjudication on the instant remaining building repair cost was unlawful, since the Plaintiff filed an application for adjudication with the expropriation committee on the compensation for the said remaining building repair cost, on June 2, 2016, which was the time when the application for adjudication was filed on May 26, 2016, which was the time when the construction work completion of the instant urban planning facility project was completed, in violation of Article 75-2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

According to Article 75-2 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), where the price of any remaining building is reduced or other losses are incurred due to the acquisition or use of part of a group of buildings belonging to the same owner, the project operator shall compensate for such losses, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and where the sum of the reduced price of the remaining building and the repair cost exceeds the price of the remaining building, the project operator may purchase such remaining building.