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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. The reasoning of the court’s explanation as to this case is as stated in the judgment of the court of first instance, except where the court of first instance renders a motion as set forth in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. As such, the reasoning of the court’s explanation as to this case
2. Part 3. Determination
A. The Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”) is based on the actual status of the use of the land No. 3 and the calculation of the compensation amount.
Article 70(2) of the Enforcement Rule of the Land Compensation Act, which is delegated by Ordinance of the Ministry of Land, Infrastructure and Transport, stipulates that “the amount of compensation for land shall, in principle, be calculated by taking into account the actual situation at the time of price and the objective situation according to the general method of use, not taking into account the situation of temporary use, etc.” Article 70(2) of the Enforcement Rule of the same Act, provides that “The amount of compensation for land shall be calculated by taking into account the actual situation of use at the time of price, and Article 70(6) of the Land Compensation Act shall be determined
A project operator shall evaluate the land by presenting the current status at the time of changing the form and quality of the land.
The term "" is defined as ".
Accordingly, in principle, the amount of compensation for the land should be calculated according to the actual state of use. Therefore, in order to calculate the amount of compensation by the original state of use or the current state of use at the time of changing the form and quality of the land for reasons of temporary use or illegal change of the form and quality, it must prove the original state of use at the time of changing the form and quality.
In addition, the land subject to expropriation is subject to expropriation in order to recognize it as illegal land changing form and quality.