The costs of appeal are assessed against the defendant, including the part arising from the supplementary participation.

For the reasons indicated in its reasoning, the lower court acknowledged that the Korea Coal Corporation acquired the pertinent land from the Republic of Korea and completed the registration of ownership transfer as well as the Plaintiff who purchased the instant land from the Korea Coal Corporation and completed the registration of ownership transfer, and maintained the conclusion of the first instance judgment rejecting the Defendant’s defense against the Defendant that the said claim is not permissible as an abuse of rights, while accepting the Plaintiff’s conjunctive claim against the Defendant seeking the use of the railroad facility site and the prohibition of passage.

The judgment below

In light of the records, the above determination by the court below is acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the sale and purchase of administrative property and abuse of rights, or by omitting the judgment as to the agreement between the Korea Coal Corporation and the plaintiff as to the exclusion of warranty liability of this case

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party, including the portion arising from the participation in the appeal. It is so decided as per Disposition by the assent of all participating Justices.