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1. The judgment of the first instance, including the Plaintiff’s claim added by this court, shall be modified as follows:
(1) The defendant.
Reasons
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. The assertion and judgment
A. The land category entered in the public register of the Plaintiff’s assertion is a answer, but as such, it has been fixed by changing the form and quality of miscellaneous land, it should be evaluated as miscellaneous land according to its current status.
Nevertheless, the appraisal of the ruling is unlawful by calculating the amount of compensation for the land of this case to the amount that is excessively lower than the officially announced value of the land as a result of the appraisal of the land of this case by misunderstanding the current status of use of the land of this case and making it a reference land for the land of this case in actual cultivation.
B. (1) Determination (1) Article 70(2) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) provides that “The amount of compensation for land shall be calculated by taking into account the real situation at the time of price and the objective situation by the general method of use, but it shall not take into account temporary use, the subjective value of landowners or persons concerned, and the case premised on the use for special purposes.” Article 70(6) provides that a specific calculation of the amount of compensation and the method of appraisal shall be delegated.
Article 24 of the Enforcement Rule of the Public Works Act provides that "Any land that changes its form and quality without obtaining permission or filing a report pursuant to relevant Acts and subordinate statutes, such as the National Land Planning and Utilization Act (hereinafter referred to as "illegal land changing its form and quality") shall be appraised by presenting the current status at the time of changing the form and quality of the land."
The form and quality change of land here means cutting, banking, suspension, packing, etc. of land.