All appeals are 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).

1. Article 130(1) and (3) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides that an implementer of an urban/Gun planning facility project may temporarily use another person’s land as a storage yard for materials or a temporary passage, and accordingly, a person who intends to temporarily use another person’s land shall obtain consent from the owner, occupant, or manager of the land (hereinafter “owner, etc.”) if necessary to conduct basic surveys on urban/Gun planning facilities, investigate, measure, or implement an urban/Gun planning

In full view of the structure and contents of Article 130 of the National Land Planning and Utilization Act, and the legislative purpose of the project, where a project implementer of an urban or Gun planning facility project needs to temporarily use a specific land adjacent to the project area for a storage yard or a temporary passage, the project implementer must obtain consent from the relevant landowner, etc. pursuant to the above provisions, and the landowner, etc. has the duty to accept and consent to the “temporary use” of the project implementer unless there is

Meanwhile, unlike the cases of expropriation or use to which Article 62 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor applies mutatis mutandis pursuant to Article 96 of the National Land Planning and Utilization Act, the principle of advance compensation does not apply in cases of temporary use under Article 130 of the National Land Planning and Utilization Act. Therefore, the circumstance that dispute over compensation for losses arises cannot be a justifiable reason for landowners

2. Where a landowner, etc. refuses to give consent for the temporary use by a project implementer without any justifiable ground, the project implementer shall seek the declaration of consent from the landowner, etc. of the relevant land.