1. All appeals by the Defendants are dismissed.

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

3. Text of the judgment of the court of first instance;

1. The reasoning for this court’s explanation is the same as that for the judgment of the court of first instance, except for the addition of the following mentioned statements, and thus, it refers to the reasoning for the judgment of the court of first instance.

[Supplementary Parts]

A. The main contents of the former Land Expropriation Act (amended by Act No. 3534, Dec. 31, 1981; the former Land Expropriation Act was repealed on Jan. 1, 2003; and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects was enforced) which was enforced at the time of the expropriation of the instant road are as follows.

(3) For the purpose of this Act, the term “person concerned” means a person having superficies, servitude, right to lease on a deposit basis, mortgage, right by loan for use, lease or other rights except ownership of the land, or a person having ownership of or other rights to things on the land.

Provided, That persons who have acquired a new right after the public announcement of project approval under Article 16 shall not include persons who have succeeded to the existing right.

Article 16 (Public Notice of Project Approval) (1) When the Minister of Construction and Transportation grants project approval under Article 14, he/she shall notify it without delay to public project operators, owners of land, persons concerned, and relevant Do Governors, and shall publicly notify the names or titles of project operators, kinds of projects, business areas, and detailed items of land to be expropriated

(2) The approval of a project shall take effect from the date of public announcement under the preceding paragraph.

(1) After the public announcement of project approval under Article 16 has been made, no one shall alter the form and quality of the land for which public announcement is made, or damage or remove the articles referred to in Article 2 (2) 2 or 4, that might hinder the project.

(2) After a public announcement of approval for a project is made under Article 16, the new construction, renovation, extension or extension of structures shall be made on the land publicly notified.