The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The latter part of Article 65(2) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785, Dec. 21, 2007; hereinafter “former Act”) provides that “The maintenance infrastructure owned by the State or a local government that ceases to be used due to the implementation of a rearrangement project shall be transferred to the project implementer without compensation to the extent equivalent to the installation cost of the newly installed maintenance infrastructure.”

In addition to roads constructed according to the procedures prescribed by the former Urban Planning Act (repealed by Article 2 of the Addenda to the National Land Planning and Utilization Act, Act No. 6655 of Feb. 4, 2002), Article 2 subparag. 4 of the former Act stipulates roads as one of the fundamental infrastructure for improvement, and not only the roads constructed according to the procedures prescribed by the former Urban Planning Act (repealed by Article 2 of the Addenda to the National Land Planning and Utilization Act, Act No. 6655 of Feb. 4, 2002), but also “road under the Road Act

(1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions (amended by Act No. 13508, Sep. 1, 2015; hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions”) was amended to include a site (the form, size, function, etc. of a site) provided for the traffic of the general public on “road,” which falls under infrastructure facilities and is provided for the traffic of the general public. However, the so-called “de facto road,” which is not constructed pursuant to the aforementioned relevant Act and subordinate statutes, does not constitute “infrastructure for the maintenance and improvement of urban areas and Dwelling Conditions (see, e.g., Supreme Court Decision 2010Du22498, Feb. 24, 2011).

(Article 65(1)(the latter part of Article 65(1)). 2. The court below held that each of the lands of this case is transferred without compensation from the latter part of Article 65(2) of the former Act.