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 and above.

1. Reasons for ruling and the plaintiff's assertion;

A. The court's explanation concerning this part of the decision is the same as the relevant part of the decision of the court of the first instance. Thus, it is accepted by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

나. 원고의 주장 원고가 병(甁) 재배방식으로 팽이버섯과 느타리버섯 등을 재배하던 버섯재배사의 부지가 이 사건 도로사업으로 공공용지 협의취득이 됨에 따라 원고가 그곳에서 계속하여 버섯농사를 지을 수 없게 되었으므로, 피고는 원고에게 실제소득에 따른 영농손실보상을 하여야 하고, 그렇지 않더라도 적어도 버섯재배사 이전에 따른 정당한 액수의 영업휴업손실보상은 하여야 한다.

2. Determination:

A. The former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8852, Feb. 29, 2008; hereinafter “Public Works Act”) provides for compensation for business losses, farming losses, etc.

Article 77(2) main text of the former Enforcement Rule of the Public Works Act (amended by Ordinance of the Ministry of Construction and Transportation No. 4, Mar. 14, 2008; hereinafter “Enforcement Rule”) provides that “The matters concerning the detailed calculation and method of calculating the amount of compensation under paragraphs (1) through (3), the standards for compensation, and the standards for recognition of actual farmers under paragraph (2) shall be prescribed by the Ordinance of the Ministry of Construction and Transportation.”

Article 48(1) provides that farmland subject to compensation for farming loss shall be “land falling under subparagraph 1(a) of Article 2 of the Farmland Act”.

Meanwhile, Article 2 subparagraph 1 of the Farmland Act refers to any of the following land: