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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the judgment of this court for the acceptance of the judgment of the first instance is the same as that of the judgment of the first instance, except for adding the following judgments, and thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of
2. Additional determination
A. The Plaintiff, while the land category of each of the instant land was farmland as a dry field, was originally farmland, on June 13, 2008, the designation of an industrial complex and the announcement of a development plan for the said land and the land in its whole part was made on June 13, 2008, and thereafter, on December 24, 2015, each of the instant land, etc. was designated as a general industrial area or a quasi-industrial complex. As such, since the change in the specific use area was deemed a restriction directly aimed at implementing the instant project, the land price should be assessed by considering the status of the designation as such (see Supreme Court Decision 2012Du7950, Aug. 27, 2015). Accordingly, the first instance court’s appraisal on the premise that each of the instant land in this case constituted an agricultural and forest area prior to the change of the specific use area was unlawful.
Article 23(2) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects provides that “The land whose specific use area or specific use district, etc. has been altered for the purpose of implementing the relevant public works shall be appraised on the basis of the specific use area or specific use district, etc. before the alteration.” In light of the results of the fact inquiry and reply by the court appraiser at the first instance trial, each of the instant land was originally an agricultural and forest area, but the specific use area was changed to the urban area (undesignated) as the “approval for Designation and Development Plan of S General Industrial Complex” publicly notified on June 13, 2008, and the fact that the specific use area was changed to the “approval for Designation and Development Plan of the C General Industrial Complex” publicly notified on December 24, 2015.