1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. The Defendant acquired the Plaintiff’s land by consultation for the airport site creation work, and leased it to a third party for use as B site.

Therefore, the Defendant should no longer use the Plaintiff’s land, and thus, it should be deemed that the Plaintiff had the right of repurchase. However, the Defendant did not at all give notice or public notice to the Plaintiff to exercise the right of repurchase, and the Plaintiff lost the right of repurchase with the exclusion period imposed without exercising such right of repurchase.

Therefore, the defendant is liable to compensate the plaintiff for the damages caused thereby.

B. Defendant 1) B is subject to airport facilities under Article 2 subparag. 8 of the Aviation Act, and the Plaintiff’s land is being used in the airport site. 2) Since the Plaintiff’s land is planned to be constructed and the Defendant’s land is also necessary to continue to use the Plaintiff’s land, it cannot be subject to a repurchase right.

2. Determination

A. The repurchase right under Article 91 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) may be exercised to “the case where the whole or part of the acquired land becomes unnecessary due to the discontinuation, alteration and other causes of the relevant project”.

Here, the "project" refers to a specific public project that serves as the object of the acquisition through consultation or expropriation of the land, and the "business discontinuation or alteration" refers to the cancellation or alteration of such specific project, and the "cases where the acquired land becomes unnecessary" refers to the cases where it is no longer necessary to use it for the project due to the discontinuation or alteration of the specific public project, which is the object of the acquisition of the land, and other reasons such as the purpose and contents of the relevant public project, the details and scope of the acquisition of the land, the relationship with the relevant land and its use, etc.