1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except where the defendant adds “additional Judgment” as to the argument that the defendant emphasizes in the trial of the court of first instance, and thus, it is identical to the ground of the judgment of the court of first instance. Thus, it is cited by the main sentence of Article 420

(except for the part corresponding only to Sungnam-si whose separation is confirmed). 2. Additional determination

A. Under the Defendant’s assertion, Articles 77(2) and 76(1) of the former Road Act (amended by Act No. 12248, Jan. 14, 2014; hereinafter the same) shall apply with respect to the cost of the relocation of obstacles, such as communications cables, etc. by the Defendant due to road construction under the “bank 2 Residential Environment Improvement Project” (hereinafter “bank 2’s residential environment improvement project”) implemented jointly with Sungnam-si and Sungnam-si (hereinafter “the instant relocation project”). As such, the cost of the instant relocation project shall be borne by the Plaintiff, not the Defendant, at the cost of the instant relocation project.

(1) The purpose of a residential environment improvement project differs from the road works implemented for the purpose of building a road or managing a road as necessary for the purpose of improving a residential environment. As such, even if the road-related construction works are included in the project details of a bank2 residential environment improvement project, they cannot be deemed as the road works as prescribed by the former Road Act.

(3) Since a project implementer for a residential environment improvement and a road management authority are separate concepts, road works following the project shall not be deemed road works implemented by a road management authority, even if Sungnam-si is a project implementer for a residential environment improvement

B. 1) As to the above argument, Article 2(1)1 of the former Road Act provides “Road” for the traffic of the general public.