The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. On the ground of appeal No. 1, the lower court acknowledged the facts as indicated in its reasoning, and determined that the Defendant succeeded to the rights and obligations of the project operator, including the obligation to file an application for adjudication on the instant land, from F Co., Ltd. (hereinafter “F”).

In light of the relevant laws and records, such determination by the lower court is justifiable, and contrary to what is alleged in the grounds of appeal, it did not err by misapprehending the legal doctrine on the succession to the status of

2. Regarding ground of appeal No. 2

A. According to Article 30 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), where consultation has not been concluded after a public announcement of project approval, a landowner and person concerned (hereinafter “land owner, etc.”) may request a project operator to file an application for adjudication in writing (paragraph (1)); a project operator shall file an application for adjudication with the competent Land Tribunal within 60 days from the date on which such request is filed (paragraph (2)); and if a project operator files an application for adjudication after the lapse of the said period, an amount calculated by applying the statutory interest rate under Article 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “additional payment”) for the delayed period in addition to the compensation adjudicated by the competent Land Tribunal (hereinafter “adjudication”).

Meanwhile, when a project operator fails to pay or deposit the adjudication compensation by the commencement date of expropriation, the adjudication shall lose its effect (Article 42(1) of the Land Compensation Act), and the project operator’s application for adjudication shall lose its effect (see Supreme Court Decision 84Nu158, Mar. 10, 1987). The project operator must apply again for adjudication.

The application is already filed by the landowner, etc. before the adjudication becomes effective.