잔여지 손실보상에 있어서 산정기준 - 대법원 2025. 5. 29. 선고 2024두44754 판결을 중심으로 -

This study examines the legal issues and directions for improvement within the current compensation system for residual land, focusing on Supreme Court Decision 2024Du44754 delivered on May 29, 2025, which established specific criteria for calculating severance damages. Previously, compensation for the decline in value of residual land relied on administrative convenience—such as mechanical area-ratio applications or average unit price calculations—due to the absence of clear appraisal standards. This practice has faced criticism for failing to fully realize the constitutional principle of "just compensation." The subject decision halted the conventional practice of evaluating an entire tract of land at a single price when the part taken and the residual land differ significantly in zoning or actual use. Instead, the Court established a legal principle for substantive value appraisal by specifying that the pre-taking value of the residual land should be determined by deducting the value of the taken part from the total value of the entire tract. Furthermore, to support the legal validity of this ruling and derive broader implications, this paper provides a comparative legal analysis of legislative examples from the United States, Germany, and Japan. The analysis confirms that major jurisdictions emphasize "functional and economic unity" beyond mere physical contiguity and implement substantive restitution through the "Before and After Rule." In conclusion, the subject decision reaffirms that compensation for residual land is a core domain of constitutional property rights. Future legislative policies on loss compensation must proceed toward realizing substantive restitution based on this judicial precedent.