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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court’s explanation on this part of the facts is as stated in the part of “1. Basic Facts” among the reasons for the judgment of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion
A. In light of the legislative intent of Article 65(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, a road as an infrastructure for rearrangement, which is the object of free transfer, shall meet only three requirements such as determination of urban planning facilities, completion of construction of roads (construction), and use as public roads. Property for public purposes such as roads, refers to property directly used or used for public purposes by the State or a local government. Thus, if the State or a local government actually uses a road created on a site for which the determination of urban planning facilities was difficult for public purposes, it is reasonable to deem that it is a "road constructed according to the determination of an urban management plan" and it is subject to free transfer, even if it does not go through the procedure under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) or there was no explicit commencement of public use. This includes cases where a private project operator purchased a site for a road on which the determination of urban planning facilities was made and constructed, and then donated it to a road management authority, etc., to provide it for public use.
B. The instant land was completed as a road according to the decision of the urban planning facilities (road) as of January 18, 1969, and was donated to the Defendant on May 10, 1983 and used for public purposes. Thus, it constitutes a rearrangement infrastructure subject to a gratuitous transfer under Article 65(2) of the Urban Improvement Act.
C. The costs of installing new fundamental facilities installed by the Plaintiff are abolished.