1.The judgment of the first instance shall be modified as follows:

Defendant, incurred at Pyeong-si 469-10, Jin-si on September 27, 2012

1. Facts of recognition;

가. 원고는 ‘진주평거4지구 도시개발사업’의 시행자인 진주평거4지구 도시개발사업조합이 시행한 진주시 평거동 646-40 일원 483,644㎡ 지상 ‘더 퀸즈 웰가’아파트의 시공사이다.

B. On January 24, 2008, the Mayor/Do Governor announced the designation of an urban development zone and the establishment of a development plan for an urban development zone with respect to the area of 482,050 square meters in Pyeongtaek-dong, Jung-do, 646-40 square meters. On June 4, 2009, the Mayor/Do Governor announced the amendment of the development plan and the implementation plan for the urban development project. On December 24, 2009, on December 24, 2009, the Mayor/Do Governor announced the designation of an urban development zone (the amendment), development plan (the amendment), and implementation plan (the amendment) with a content of changing the area of the said urban development zone into

C. On March 16, 2009, Jinju sent to the Defendant (Jinju Branch) a letter of objection to the request for consultation on the title of “consultations following the application for amendment of the development plan for an urban development project and the authorization of the implementation plan”. On March 27, 2009, the Defendant sent a letter of objection to the request for consultation on the implementation plan for an urban development project. In response, on March 27, 2009, the Defendant notified the supply plan for telecommunications facilities within the housing site and the burden of telecommunications facilities for the relocation of existing communications facilities within the Pyeongtaek-si four district (hereinafter “the outline of the instant urban development project”).

Meanwhile, on March 31, 2009, Pyeongtaek-dong 482-37 square meters, Dong-dong 103 square meters, etc. located within the said project implementation district, were combined with the 469-4 square meters, Dong-dong 469-4, Dong-dong 579 square meters on March 31, 2009. On July 13, 2009, Jin-si 469-4, Dong-dong 469-4, 507 square meters, Dong-dong 469-4, Dong-dong 5, 507 square meters on July 13, 2009, and 469-9-9, 350 square meters on 350, 469-10 square meters on Do-dong 194 square meters on the instant land (hereinafter “instant land”). The instant Guldo did not indicate that the instant communications facilities were laid underground on the instant land.

E. On September 27, 2012, the Plaintiff was laid underground in the instant land while engaging in the excavation work for the construction of the said apartment on September 27, 2012.