1. As to the ground of appeal No. 1, the lower court determined that the Defendant succeeded to the rights and duties of the project operator, including the obligation to file an application for adjudication on the instant land, from G Co., Ltd. (hereinafter “G”).

The judgment below

In light of the relevant statutes and the record, the lower court’s determination is justifiable.

The lower court did not err by misapprehending the legal doctrine regarding the succession to the status of a project implementer, contrary to what is alleged in the grounds of appeal

2. Regarding ground of appeal No. 2

A. According to Article 30 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), where consultation is not concluded after a public announcement of project approval, a landowner and person concerned (hereinafter “land owner, etc.”) may request a project operator to file an application for adjudication in writing (paragraph (1)); a project operator shall file an application for adjudication with the competent Land Tribunal within 60 days from the date on which the request is filed (paragraph (2)); and if a project operator files an application for adjudication after the lapse of the said period, he/she shall pay the amount calculated by applying the statutory interest rate under Article 3 of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for the delayed period (hereinafter “additional payment”) in addition to the compensation adjudicated by the competent Land Tribunal (hereinafter “adjudication compensation”).

(3) On the other hand, when a project operator fails to pay or deposit the adjudication by the commencement date of expropriation, the adjudication by the Land Tribunal shall lose its effect (Article 42(1) of the Land Compensation Act), and the project operator’s application for adjudication also loses its effect (see Supreme Court Decision 84Nu158, Mar. 10, 1987), and the project operator shall again file an application for adjudication with the Land Tribunal.

The application shall be filed by the landowner, etc. before the adjudication becomes effective.