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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. The reasoning for the court’s explanation of this case is as follows: (a) the “transfer cost of a temporary structure” of the fourth 2 and third 2 of the judgment of the court of first instance shall be corrected to “the price of a temporary structure”; and (b) the argument that the Plaintiff repeatedly emphasizes is identical to the reasoning of the judgment of the court of first instance, except for adding the judgment of this court, and thus, the same shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article
2. Additional determination by this Court
A. The Plaintiff’s assertion differs from Article 15(1) of the former Building Act (amended by Act No. 8662 of Oct. 17, 2007; hereinafter the same) and its legislative intent. As such, the instant temporary building reported pursuant to Article 15(2) of the former Building Act, unlike temporary buildings under Article 15(1) of the former Building Act, is subject to compensation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
B. In light of the fact that a temporary building is built in a solid structure and is expected to be used temporarily for a short period, unlike a general building which is expected to be used for a long time, and that the first instance court does not distinguish between the provisions on the construction or construction of a temporary building and the special provisions on the construction of a temporary building, and establishes special provisions on temporary buildings under the Acts and subordinate statutes, it seems that there is no reason to distinguish between the legislative intent of the temporary building and the temporary building reported for disaster restoration, promotion, exhibition, or construction of a temporary building under Article 15(1) of the former Building Act.
In addition, according to Section B-3-1, Section B-2, Section B-11-4, the discharge from the military service in the Bupyeong-si constitutes an urban planning zone prior to the 1980s, and in particular, the F-dong and E-dong members, including the land on which the temporary building in this case is installed, are the case.