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 reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is to change "this court" into "court of the court of first instance" of the court of first instance 3, 13, and 17, and the "court appraiser" in the 15th part of the same 4th part is to add "the designation of a clearance zone" after "the designation of a clearance zone is taken into account", and the grounds of the judgment of the court of first instance are the same, except that the 5th part 8 to 14 are as described below, and therefore, it is to be cited in accordance with Article 8 (2)

2. On the other hand, even if part of the remaining land of this case was designated as a clearance zone, the defendant asserts that there is no value decline because it is much more than the benefits arising from the construction of a road near the remaining land of this case. However, under Article 40 (3) of the Road Act, the road of this case is subject to a restriction on the construction, reconstruction, or extension of the form and quality alteration of land, a building, or any other structure. There is no evidence that the benefits arising from the construction of a road in the vicinity of the remaining land of this case are larger than the losses of the plaintiff due to the above restriction. If the price of the remaining land is reduced or other losses are incurred due to the expropriation of part of a group of land belonging to the same landowner, the landowner may claim compensation for the remaining land according to the general principle, and such compensation for losses to be compensated shall be calculated as at the time of the adjudication of expropriation. In this case, the losses that should be compensated shall be reduced not only in the actual situation at the time of the adjudication of expropriation but also in the future possibility of use, the exchange value, etc.