The judgment below is reversed, and the case is remanded to the Seoul Western District Court.

The grounds of appeal are examined.

1.(a)

Article 91(1) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11017, Aug. 4, 201; hereinafter “Land Compensation Act”) provides, “Where all or part of the acquired land becomes unnecessary due to the discontinuation or alteration of the relevant project and other causes within ten years from the date of acquisition through consultation or expropriation of the relevant land, the landowner at the time of the acquisition date or his/her universal successor may repurchase the land by paying to the project operator an amount equivalent to the amount of compensation paid for the relevant land, within one year from the date of acquisition, or within ten years from the date of acquisition, where all or part of the relevant land becomes unnecessary.”

"Project" under the above provision refers to a specific public project that is the object of the acquisition through consultation or expropriation of the land, and "when all or part of the acquired land becomes unnecessary" means a case where all or part of the acquired land is no longer necessary to use it for the purpose of its acquisition, and whether the acquired or expropriated land is no longer necessary shall be determined objectively and reasonably in light of all the circumstances, such as the purpose and contents of the project concerned, the details and scope of the acquisition through consultation, the relationship between the land concerned and the project, and the purpose of its use, rather than the subjective intent of the project operator.

(See Supreme Court Decision 2010Da30782 Decided September 30, 2010, etc.). B.

Meanwhile, as amended by Act No. 10239 on April 5, 2010, Article 91(6) of the Land Compensation Act, which provides for “the conversion of public works” in which the exercise of the right of repurchase is restricted, Article 4 Subparag. 5 of the Land Compensation Act is implemented for the purpose of lease or transfer.