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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasons for the judgment of the court of first instance concerning this case are as follows: (a) the reasoning for the judgment of the court of first instance is as follows: (b) the land Nos. 4 and 6 of the attached Table Nos. 5 of the attached Table Nos. 4 and 7 shall be dismissed under the third and third of the judgment of the court of first instance; and (c) the part as to whether the land Nos. 4 and 7 of the attached Table Nos. 4 and 7 of the attached Table No. 4 are the site of the “de facto private road” is as stated in the reasons for the judgment of the court of first instance, except for supplement of the reasons for the judgment under
2. Supplementary judgment
A. The defendant's assertion also asserts that since the land Nos. 4 and 7 of the attached Table No. 7 is a site for "private road" in this court, the compensation value should be calculated within the limit of 1/3 of the appraised value of neighboring land pursuant to Article 26 (1) 2 of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act").
B. The attached table Nos. 4 and 7 provides that the amount assessed by the Land Compensation Act and the Enforcement Rule thereof shall be reduced compared to the appraised value of the neighboring land for the de facto private road is a site for “de facto private road,” not to expand it without permission in light of the principle of legitimate compensation under Article 23(3) of the Constitution, but to be limited in light of the legislative purport, etc.
On the other hand, in order to evaluate the amount of compensation within 1/3 of the appraised value of neighboring land by deeming it a site for "private road" under Article 26 (1) 2 of the Enforcement Rule of the Land Compensation Act, it shall have the substance corresponding to the private road under the Private Road Act by providing it for general traffic connected to the general road under the Road Act, etc. Furthermore, it shall fall under any of Article 26 (2) 1 through 4 of the Enforcement Rule of the Land Compensation Act, and the land owner shall have the same intention.