All appeals filed by prosecutors and defendants are dismissed.

1. The summary of the grounds for appeal 1) misunderstanding the facts and misapprehension of the legal principles as to the Defendants (1) and (1) misunderstanding the construction of the partitions in the part of the violation of the Road Act (hereinafter “instant partitions”) as indicated in the judgment below was limited to both sides of the underground connecting passage (hereinafter “the both sides of this case”) as indicated in the judgment of the court below, and the entire underground connecting passage including the central part (hereinafter “instant underground connecting passage”). Since the parts of this case are not roads under the Road Act, it is not necessary to permit the occupation and use of the road in order to construct the instant partitions.

In addition, the instant underground connecting passage is an ancillary facility of the Sungnam Passenger Transport Integrated Terminal (hereinafter “the instant bus terminal”), which is an urban planning facility, and a facility installed in consultation with the Sungnam Market, which is the management authority in accordance with a legitimate procedure pursuant to Article 88 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). As such, permission to occupy and use roads is deemed to be deemed to have been granted pursuant to Article 92(1)9 and Article 92(3) of the National Land Planning Act.

(2) The parts in violation of the Public Property and Commodity Management Act, in terms of usage and function, may be an independent economic utility from the existing land and become an object of separate ownership in the transaction. Therefore, it does not conform to the land.

Since there was no condition of donation collection at the time of construction of both sides of the instant case, the ownership was acquired at the time of the original acquisition by the C&C Co., Ltd or the Korea Real Estate Trust Co., Ltd., a business executor who constructed the said parts by an independent source of title.

Therefore, both sides of this case are not public property.

In addition, the instant underground connecting passage is an ancillary facility to the instant bus terminal, which is an urban planning facility, and since it is a facility installed through consultation with the Seongbuk-gu market, which is the management authority, pursuant to Article 88 of the National Land Planning Act, pursuant to Article 92(1)19 and Article 92(3) of the National Land Planning Act.