The judgment below

The part against the plaintiffs is reversed, and that part of the case is remanded to the Seoul High Court.

The defendant.

The grounds of appeal are examined.

1. Judgment on the plaintiffs' grounds of appeal

A. Review of the reasoning of the lower judgment and the record reveals the following facts.

(1) On May 10, 1976, Plaintiff A completed the registration of ownership transfer with respect to Qri (hereinafter “Tri”) land, and Plaintiff B completed the registration of ownership transfer with respect to R land on February 14, 1975.

In 199, the Defendant became the executor of the F Road Packing Project (hereinafter referred to as the “Road Project in this case”) that packages four lanes wide from 3.34 km to 3.34 km in the section of 1999 to 100 m. under the Notification E of the Sungsung-si.

(2) In accordance with the Act on Special Cases Concerning the Acquisition of Land for Public Use and the Compensation for Loss in order to acquire the site for the instant road project, the Defendant agreed on November 15, 199 to acquire 284 square meters from the Plaintiff’s above Q Q land from Plaintiff B on the same day, and paid KRW 51,830,000 to Plaintiff A and KRW 90,675,000 to Plaintiff B as compensation for the acquisition of consultation.

On November 23, 1999 and November 22, 1999, the registration of transfer of ownership was completed on the ground of consultation on public land in the Defendant’s future, respectively, on the following occasions: C-Y 284 square meters (hereinafter “C land”); and the said 585 square meters, which was acquired through consultation from Plaintiff B, was divided into 585 square meters (hereinafter “D land”).

(3) By February 28, 2001, the Defendant acquired 64% of the site of the road project of this case including C and D land (hereinafter “each of the instant land”). Around that time, most of the site of the road project of this case was anticipated to be designated as a prospective housing site development area, the Defendant suspended the additional acquisition of the site of the road project of this case and suspended the construction.

(4) On April 25, 2001, the Minister of Construction and Transportation publicly notified G of the Ministry of Construction and Transportation on April 25, 2001, publicly announced the designation of a planned housing site development district in J-Eup and H-Myeon housing site development project (hereinafter “instant housing site development project”), but notified K on December 14, 2001.