The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added "a judgment as to the defendant's argument added in the second instance trial" as to the defendant's argument added in this court of second instance, and thus, this case is cited as it is in accordance with the main sentence of Article 4

2. The defendant asserts that the plaintiff only paid compensation for the building of this case and did not acquire ownership, and that the plaintiff has no right to seek delivery to the defendant.

The Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the "Act on Public Works Projects").

Article 45(1) provides, “A project operator shall acquire the ownership of land or goods on the commencement date of expropriation, and simultaneously terminate other rights to such land or goods.” Article 43 of the same Act provides, “A landowner or person concerned, and any other person holding a right to the land to be expropriated or used or any goods on such land, who is not a landowner or person concerned, shall transfer such land or goods to a project operator by the commencement date of expropriation or use.”

According to the above provisions, the Plaintiff, who is the project implementer of this case, acquired the ownership of the building of this case on March 18, 2014, which is the date of expropriation pursuant to Article 45(1) of the Public Works Act, and at the same time, other rights to the building of this case are extinguished. Thus, the Defendant has no right to occupy the building of this case and is obligated to deliver the building of this case to the Plaintiff as prescribed by Article 43 of the same

Therefore, the defendant's above assertion is difficult to accept.

3. The decision of the first instance is justifiable, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.