1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

The defendant, 1.

1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, with the exception that the pertinent part among the grounds of the judgment of the court of first instance is dismissed as follows.

ARTICLE 3-A

As follows, Article 91(1) of the Land Compensation Act provides, “Where all or part of the land acquired through consultation or expropriation of the land becomes unnecessary within 10 years from the date of acquisition of the land, the landowner at the time of the acquisition date or his/her general successor shall be entitled to repurchase the land by paying to the project operator an amount equivalent to the indemnity paid for the land in question within one year from the date all or part of the land becomes unnecessary, or within 10 years from the date of acquisition of the land, and “the land concerned” as provided in the above provision refers to a specific public project which becomes the object of acquisition or expropriation of the land, and “the land so acquired becomes unnecessary” refers to a case where the need to use it for the project becomes unnecessary due to the discontinuation or alteration of the specific public project for which the purpose of acquisition is the acquisition date, and the issue of whether the land so acquired is unnecessary or not shall be determined reasonably in light of the purpose and contents of the relevant public project, the details and scope of the acquisition of the land concerned, the relationship with the relevant land, objective purpose, and circumstances, etc.

(see, e.g., Supreme Court Decision 2010Da12043, 12050, May 13, 2010). In addition, in cases of land used as a road for the original purpose of public works, taking into account “whether it has been actually used for the relevant project after the abolition” and “when land becomes unnecessary” based on whether it actually ceased to exist for the utility of the road or public interest purpose.