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.

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted to the court of first instance was presented to this court.

Therefore, the court's reasoning in this case is as follows, and the "judgment on the cause of the claim" part of the fifth '3.3. is the same as the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main text of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

(1) Article 40 (Payment or Deposit of Compensation) (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”) for the payment of compensation for B shares among the instant land by the competent Land Tribunal (referring to the commencement date of expropriation or use as decided by the Land Tribunal by its adjudication; hereinafter the same shall apply), except for the cases of use under Article 38 or 39.

(3) When any right is changed subsequent to a public announcement of project approval, any person who succeeds to such right shall receive the indemnity under paragraph (1) or the deposit under paragraph (2).

Article 21 (Expropriation or Use of Land, etc.) (1) An implementer may expropriate or use the land, etc. necessary for an urban development project.

Provided, That any implementer falling under Article 11 (1) 4, 5 through 6-2, and 7 (excluding the case where any person falling under subparagraphs 1 through 3 of the same paragraph has invested in excess of 50/100) shall own the land equivalent to not less than 2/3 of the area of the land subject to the project and obtain consent of not less than a half of total number of landowners.

In such cases, requirements for consent of landowners.