The judgment below

The part of the claim for cancellation of registration of preservation of ownership against Heung Construction Co., Ltd. among the defendant is reversed.

1. The grounds of appeal are examined. A.

According to the former Land Readjustment Projects Act (amended by Act No. 6252 of Jan. 28, 200, but the provisions of the Act prior to the repeal shall apply to a land readjustment project which meets the requirements of Article 2 of the Addenda due to the determination of urban planning; hereinafter referred to as the "Act"), the term "land readjustment project" in this Act (hereinafter referred to as the "project for land readjustment project") means "project for exchange, division, division, or other alteration of land to be conducted under the provisions of this Act for the enhancement of utility as a site and the improvement of public facilities, or for the installation and alteration of public facilities" (Article 2 (1) 1), and the term "public facilities" means roads (limited to roads that can enhance the utility of a site), parks, squares, rivers, school intersections necessary for education of elementary schools and middle and high schools, and other facilities for public use which meet the requirements of Article 2 of the Addenda."

(6) According to the above legal provisions, the land designated as a school site necessary for the education of elementary schools, middle schools, and high schools in a replotting plan for the compartmentalization and rearrangement project belongs to the State or a local government (hereinafter “State, etc.”) which manages the land pursuant to the main sentence of Article 63 of the Act on the day following the public announcement of a replotting plan, and the State, etc. is obligated to pay the price for the acquisition of the school site to the project implementer pursuant to the proviso of Article 63 of the Act.