1. The appeal is dismissed.

2. The costs of appeal are assessed against the Defendant.

The grounds of appeal are examined.

1. Public facilities prescribed in Article 25(1) of the former Housing Site Development Promotion Act (Amended by Act No. 10764, May 30, 201) and Article 65(1) of the former National Land Planning and Utilization Act (Amended by Act No. 11922, Jul. 16, 2013; hereinafter “National Land Planning Act”) are public facilities under the State Property Act and the Public Property Commodity Management Act; and whether a person who has obtained approval of an implementation plan for a housing site development project falls under such public facilities as prescribed in the State Property Act and the Public Property Management Act; and whether the existing public facilities are gratuitously reverted to a person who has obtained approval of an implementation plan for the housing site development project shall be determined at the time of approval of the implementation plan for the housing site development project; however, even if the actual use situation of the existing public facilities differs from the land category on the public land register at the time of approval, the existing public facilities still gratuitously reverted to the project implementer (see Supreme Court Decision 2015Da2135382, May 28, 208, 2015).

The lower court determined as follows, citing the reasoning of the first instance judgment.

1) Each of the instant lands has been originally used as a railroad site for the light-line. Although a train operating the light-line at the time of approval of the implementation plan of the instant project did not use the lines on each of the instant lands, and the said lines were removed and the actual situation of use changed from the previous one, the Korea Rail Network Authority, which is the managing authority, still has continued to manage the state-owned property (such as a railroad site on the land ledger, and a state-owned property has been managed for public purposes under the State Property Act without having used them for other purposes, and thus, each of the instant lands is newly installed or existing public facilities pursuant to Article 65(1) of the National Land Planning and Utilization Act.