Jinju-si (Attorney Park Jong-soo, Counsel for the plaintiff-appellant)

Defendant (Law Firm Dong-nam et al., Counsel for the defendant-appellant)

February 27, 2014

Changwon District Court Decision 2013Guhap152 Decided July 9, 2013

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance court shall be revoked. The plaintiff's liability for compensation for losses against the defendant with respect to the amount of 457 square meters in Jinju-si ( Address 1 omitted) shall not exceed KRW 135,272,00.

1. Quotation of judgment of the first instance;

The court's explanation on this case is identical to the defendant's part of the reasoning of the judgment of the court of first instance, except for the dismissal of part of the reasoning of the judgment of the court of first instance as stated in Paragraph (2). Thus, this court's explanation is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

2. Parts in height:

Part 5 through 10 of the decision of the first instance is as follows.

- The content of adjudication: In the adjudication of expropriation, the instant land is deemed a de facto private road, and the compensation price was determined, but the instant land is used as an access road to the site created after subdivision of the urban planning line on September 24, 1994 (hereinafter referred to as the “land before subdivision”) and on nine parcels, from the scheduled public road site ( Address 2 omitted), which is confirmed to be “the road project was not actually implemented,” and after the determination of the urban planning facilities (road) to be “the scheduled public road site” (road 2 omitted).

3. Conclusion

Therefore, the judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Jin Sung-chul (Presiding Judge)