The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. In around 2002, the Plaintiff acquired ownership of 36,942 square meters in Daegu-gu, Daegu-gu (hereinafter “instant land before the instant partition”).

B. On September 5, 2014, the land prior to the instant partition was divided into the Daegu-gu 2,695 square meters (hereinafter “instant land after the instant partition”) and the D 4,247 square meters in Daegu-gu Northern-gu.

C. On June 3, 2014, the Minister of Land, Infrastructure and Transport publicly announced a road zone as F for E construction works by the Ministry of Land, Infrastructure and Transport.

On April 19, 2016, the Defendant, as a project implementer of the said road works, expropriated D 4,247 square meters for the said road works, and the ownership transfer registration was completed on May 24, 2016 for the said land.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff agreed on the acceptance of Daegu Dong-gu, Daegu-gu, according to the Defendant’s opinion that it is possible to open access roads to land after the instant division.

However, since the defendant presented his opinion that it is impossible to open access access to the land after the division of this case, the defendant should expropriate the land after the division of this case where it is impossible to use it, and pay compensation therefor.

B. Article 74(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor for Land, etc. for Public Works Projects to determine the lawfulness of the instant lawsuit (hereinafter “Public Works Act”) states, “If it is substantially difficult to use the remaining land for its original purpose because part of a group of land belonging to the same owner is purchased or expropriated through consultation, the relevant landowner may request the project operator to purchase the remaining land, and may request the competent Land Tribunal to expropriate it after the project approval. In such cases, a request for expropriation shall be made only if the consultation on purchase has not been made, and it shall be made by the completion date of construction