1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On May 2015, the Busan Regional Land Management Office under the Republic of Korea concluded an agreement with the Defendant on consignment of compensation duties (hereinafter “instant agreement”) with regard to the “B 1 and 2 national highways construction works” implemented by the Busan Regional Land Management Agency (hereinafter “instant national highways construction”). The injured Regional Land Management Agency concluded an agreement on entrustment of compensation duties (hereinafter “instant agreement”) with the purport that the Defendant will take charge of the basic investigation of land and goods to be incorporated into the site for the instant national highways, payment of compensation, etc.

B. The Defendant entered into a contract with the Plaintiff for compensation of obstacles with respect to trees planted on the Plaintiff’s land included in the said site, while performing the duty of compensation pursuant to the instant agreement, as follows.

Plaintiff 1, 2, 2, 3, 1, 2 (including each number), 21, 4-4-4-4-4-4-4-4-4-4-4-4-4-4-1-4-4-4-1-4-4-4-4-4-1-4-4-4-4-4-1-4-4-4-5-4-1-5-4-4-4-1-5-4-1-5-4-1-5-4-4-1-5-4-1-5-1-5-4-1-5-4-1-3

2. The defendant's judgment on the defense prior to the merits of this case filed a claim against the Republic of Korea, which is not the defendant, for the compensation for losses incurred by the incorporation of the site into the national highways construction of this case. Thus, the lawsuit against the defendant is unlawful.

However, in the performance suit, the person alleged as the performance obligor by the plaintiff has the standing to be the defendant, and the defendant does not have to be the actual performance obligor.

Therefore, the defendant's defense is without merit.

3. Although the fruit trees planted on the Plaintiff’s land incorporated as the site for the instant national road construction, the Defendant calculated it as 24 weeks and paid compensation for losses for 3,756,340 won per 49 weeks (=73 weeks – 24 weeks) (=76,660 won per 49 weeks).