1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons for this part of the basic facts are as stated in the judgment of the court of first instance in the corresponding part.

It shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Occurrence of liability for damages;

A. 1) Determination as to the cause of a repurchase right (A) Article 91(1) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 10239, Apr. 5, 2010; hereinafter “Land Compensation Act”). Article 3 of the Addenda of the Land Compensation Act (Act No. 6656, Feb. 4, 2002) provides that “The procedure of disposal and other acts conducted under the former Land Expropriation Act and the Act on Special Cases concerning Acquisition of Land and Compensation for Loss at the time of entry into force of this Act shall be deemed to have been conducted under the provisions of this Act.” Thus, in this case, determination as to whether a repurchase right occurs based on the Land Compensation Act shall be made on the date of acquisition through consultation or expropriation of land, and the case of acquisition by the landowner of the land shall be recognized as not necessary at the time of the acquisition date of the repurchase right or the alteration of the land or other causes within 10 years after the date of acquisition by agreement.

Here, the term "project" refers to a specific public project that is the purpose of acquiring land through consultation or expropriation, and the term "revision" refers to the discontinuation or alteration of the project in question, and the whole or part of the acquired land becomes unnecessary" means a case where the project operator has no longer required for the project in itself for the purpose of the project.

On the other hand, whether the acquired land is unnecessary or not is not the project operator's subjective intent, but the purpose and contents of the project, and the land.