1. The defendant on February 5, 2004, with respect to the 86 square meters of the B-road in Dongpocheon-si, Dongpocheon District Court, Dongpocheon-si, the plaintiff.

1. Basic facts

A. In accordance with Articles 25 and 26 of the former Urban Planning Act (wholly amended by Act No. 6243 of Jan. 28, 2000; hereinafter “former Urban Planning Act”), as an enterprise that had implemented an urban planning project (C business), the Defendant initially approved and publicly notified the implementation plan D on July 10, 1991, pursuant to Article 25 and Article 26 of the former Urban Planning Act (wholly amended by Act No. 6243 of Jan. 28, 200; hereinafter “former Urban Planning Act”), in consultation with E in order to acquire the registration of creation of neighboring mortgage (the maximum bond amount of KRW 20,000,000, the mortgagee, the mortgagee, and the debtor) and the registration of creation of neighboring mortgage (the maximum bond amount of KRW 25,000,000, G and the debtor E) on August 28, 1992.

2. 27. The registration of transfer of ownership based on consultation on public land was completed, and with respect to the land of this case, the above road construction was completed and used as a road.

B. Meanwhile, the auction procedure was commenced on the instant land upon the registration of establishment of each of the above units. In the above auction procedure, after the Plaintiff was awarded a successful bid on October 25, 1994 and paid the successful bid price, the registration of transfer of ownership in the name of the Defendant was cancelled on January 23, 1997 after the Plaintiff completed the registration of ownership transfer in the future.

C. After that, the Plaintiff filed an application for adjudication with the Gyeonggi-do Regional Land Expropriation Committee under Article 79 of the Road Act on the ground that the instant land is being used as a road, and the said Committee accepted the instant land on July 23, 2001, and made an adjudication to accept the compensation amounting to KRW 8,944,000 (hereinafter “instant adjudication to expropriate”).

Article 79 (1) of the Road Act applies to the Plaintiff’s use of the instant land as a road on November 13, 2001, as a defect in filing an objection with the Central Land Expropriation Committee, and the Central Land Expropriation Committee’s use of the instant land as a road.