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The judgment below
Among the plaintiffs and the plaintiffs' successors, the part against them shall be reversed, and this part of the case shall be applied.
Reasons
The grounds of appeal are examined.
1. Judgment on the Defendant’s grounds of appeal
A. Examining the reasoning of the lower judgment in light of the relevant legal principles and records with respect to the grounds of appeal on the site for power supply facilities, the lower court was justifiable to regard the power supply facilities as the basic living facilities and include the site area in the basic living facilities site area on the grounds stated in its reasoning. In so doing, it did not err by misapprehending the legal doctrine on the scope of basic living facilities
B. As to the grounds of appeal on the costs relating to structures, military units, and capital costs, the lower court calculated the building costs ( retaining walls), military unit costs, and capital costs, by dividing each cost into the proportion as indicated in its reasoning, on the grounds that both the building costs, military unit costs, and capital costs are relevant to the construction of basic living facilities.
The judgment below
In light of the relevant legal principles and records, the above determination by the court below is just, and there is no error in the misapprehension of legal principles as to the scope of basic living facilities and the allocation of burden of proof, or incomplete hearing.
2. Judgment on the grounds of appeal by the Plaintiffs and the Intervenor succeeding to the Plaintiff
A. As to the grounds of appeal on the scope of basic living facilities, (1) Costs, such as charges for facilities, such as roads, installed outside a public works zone, are naturally provided to a person subject to the relocation measures, and it is difficult to view that such costs fall under the “basic living facilities according to the relevant regional conditions” under Article 78(4) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8605, Oct. 17, 2007; hereinafter “Act”), and the said cost falls under the “basic living facilities installation costs” and the said cost is not transferred to the person subject to the relocation measures.