beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The reasoning of the judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
2. The addition shall be made by adding to the following: (a) No. 9 of the first instance judgment, 16 of the first instance judgment:
The Supreme Court's ruling (Seoul Eastern District Court Decision 2017Kahap10503, Seoul High Court Decision 2018Na2038230) that the act of removing a road installed on the land of this case was lawfully conducted in accordance with various authorizations, permissions, etc. was dismissed by the Supreme Court and became final and conclusive around that time.
【Nos. 13 and 5 of the judgment of the first instance shall be added.
The defendant, "(8)", the land of this case was acquired through consultation at the request of the plaintiffs for the purchase of the remaining land, and since some (1.9 square meters) of the land of this case No. 2 is currently being used as a road, the necessity of maintaining the existing road cannot be deemed completely lost. Thus, the land of this case falling under the remaining land shall also be deemed used by the defendant in accordance with the previous purpose. Therefore, if it is substantially difficult to use the remaining land for its original purpose due to the purchase or expropriation of part of a group of land belonging to the same owner through consultation, the land owner may request the competent land expropriation committee to purchase the remaining land, and after the project approval is granted, the land owner may request the expropriation of the remaining land. In such cases, the request for expropriation may be made only if the consultation on the purchase has not been reached, and it shall be made by the date of completion of the project.