1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

The first instance court.

1. The reasoning of the judgment of the court of first instance cited in the instant case is as follows: (a) the grounds for the judgment of the court of first instance cited in the instant case are as stated in the reasoning of the judgment of the court of first instance which added the “determination of the Defendant’s argument” under Article 8(2) of the Administrative Litigation Act and the main sentence of Article 42

2. Judgment on the defendant's argument of the trial

A. The defendant's assertion that the defendant still has the obligation to pay the occupation fees to the defendant, notwithstanding the announcement of project implementation authorization under the interpretation of the relevant statutes, unless the decision of disuse has been made again in the trial.

B. In addition to the matters stated in the first instance court’s determination, the road of this case was abolished on the date of the public notice of the authorization to implement the instant rearrangement project, in consideration of the following circumstances:

Therefore, the defendant's argument is without merit.

(1) Article 66 (4) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012) provides that "State or public property within a rearrangement zone may be sold or leased by means of free contract to a project implementer, occupant or user, notwithstanding the State Property Act or the public property management plan under Article 9 of the State Property Act or Article 77 of the Local Finance Act, and contracting methods under Article 43 of the State Property Act and Article 61 of the Local Finance Act," and Article 66 (5) of the same Act provides that "State or public property that may be sold or leased preferentially to others under paragraph (4) shall be deemed disused from the date of the public announcement of authorization to implement the relevant project, notwithstanding the provisions of the State Property Act, the Local Finance Act, and other related Acts and subordinate statutes governing the management and disposal of State or public property," and the interpretation of Article 65 (2) of the same Act also provides that "