A. Each land listed in the separate sheet is the land belonging to Class 2 general residential area and general aesthetic zone, and owned by the Plaintiff, which was purchased on May 24, 1971 and completed the registration of transfer of ownership in that name on February 19, 1972.

Each of the above land, which was originally miscellaneous land, was changed into a site (attached Form No. 1) on August 31, 2012, and each land category was changed to a road (attached Form No. 2) on August 31, 2012.

나. 피고는 1999.경 도로확장사업을 시행하면서 별지 목록 제1항 기재 토지 중 별지 도면 표시 1, 2, 3, 4, 7, 1의 각 점을 순차 연결한 선내 ㈎부분 48㎡(이하 ‘이 사건 제1토지’라 한다) 및 별지 목록 제2항 기재 토지 중 별지 도면 표시 4, 5, 6, 7, 4의 각 점을 순차 연결한 선내 ㈏부분 6㎡(이하 ‘이 사건 제2토지’라 한다)를 무단으로 보도로 편입한 뒤 현재까지 일반공중의 통행에 제공하고 있다.

C. On February 25, 2003, the Plaintiff obtained a construction permit to newly construct the business facilities (a building area of 401.22 square meters, total floor area of 2,829.1 square meters) on each land indicated in the separate sheet from the luminous market, and completed a new construction work around August 201 with a construction permit to newly construct the underground first floor, the five stories above ground, and the business facilities (a building area of 389.67 square meters, a total floor area of 1,97.41 square meters) on each land listed in the separate sheet. < Amended by Presidential Decree No. 23488, Sep. 6, 2011.

In order to construct the above building, the Plaintiff obtained a new building-to-land ratio of 60% or below, and 300% or below. At the time of building permission, 58.66% or 277.74% or less of the building-to-land ratio, and finally newly constructed a building of 57.05% or 229.53% of the volume of the building by building permission.

As seen above, the above building constructed in accordance with the building-to-land ratio and the volume regulation is almost attached to the report established by the defendant as seen below.

It was newly constructed.

In the case of a site for a fixed-term reappointment fee, in the case of a site for monthly rent, it shall be a road in the case of a site. < Amended by Presidential Decree No. 20599,