1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance cited by this court is as stated in the reasoning of the judgment of the court of first instance except for the following matters: thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The 8th to 8th 16th 10 of the judgment of the first instance court shall be followed as follows.

As seen earlier, the provision imposing indemnity on a person who has the legal status to justify occupation, use, and profit-making of the instant land does not apply. ① The instant authorization granted by the head of Dongdaemun-gu Seoul Metropolitan Government includes the purport that the purpose of use of the instant land is abolished and that the instant land is scheduled to be used as a new road and a site for a park, and it does not particularly include the contents that restrict occupation and use of the instant land. ② Article 65(2) of the former Act provides that the maintenance infrastructure newly installed by the project implementer as a result of the implementation of an improvement project shall gratuitously vest in the State or a local government to manage the relevant infrastructure, and the State or a local government to gratuitously transfer the infrastructure owned by the local government or a local government to the project implementer within the extent equivalent to the installation cost of the newly installed maintenance infrastructure. As seen earlier, the instant land is expected to be used as a road and a site newly constructed after the abolition of its use as a road, and thus, the instant land’s use of the land becomes finally transferred to the Plaintiff or a new local government, and Article 64(2) of the former Act.