The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

In full view of the contents and nature of Articles 76 and 77 of the former Road Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “Act”), the purpose of legislation, etc., in cases where road works become necessary due to other works or acts and appurtenant works are again required due to such other works or acts, the whole or part of the costs of appurtenant works under Articles 77(2) and 76 of the Road Act shall be borne by the person liable to bear the costs of appurtenant works or other acts, i.e., the person liable to bear the costs of appurtenant works under Articles 77(2) and 76 of the Road Act, within the scope of the burden, if it is deemed that the person liable to bear the costs of appurtenant works cannot be determined by applying the main sentence

(See Supreme Court Decision 2009Da56757 Decided June 24, 2010, etc.). The lower court, as indicated in its reasoning, determined that the Defendant could not charge the Plaintiff the instant appurtenant construction cost by applying the proviso to Article 76(1) of the Act, even if the Defendant was granted the full exemption from the occupation fee for installation of the instant road pursuant to Article 42 subparag. 3 of the Act, on the ground that the instant appurtenant construction cost incurred due to the instant road construction is also able to charge the Plaintiff, who is the person who caused the instant road construction.

In light of the above legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to Articles 77 (1) and 76 of the Road Act.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided by the assent of all participating Justices.