1. Revocation of the first instance judgment.

The plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

On January 7, 2009, the Gwangju Metropolitan City Mayor for the implementation of an urban development project and the acquisition of the Plaintiff’s real estate pursuant to Articles 4 and 17 (amended by Act No. 11068, Sept. 30, 201; hereinafter the same shall apply) of the former Urban Development Act (amended by Act No. 11068, Sept. 30, 201; hereinafter the same shall apply), the Gwangju Nam-gu Nam-gu Seoul Metropolitan City Mayor publicly announced the “Gwan-gu 1 Urban Development Project Development Plan (amended) and the authorization of an implementation plan for an urban development project with respect to the area of 937,648 square meters

(hereinafter “Maju Urban Development Project”). The Plaintiff is the implementer of the said Gwangju Urban Development Project.

On September 25, 2012, the Plaintiff requested the Nam-gu Seoul Metropolitan City Mayor to gratuitously relocate the said 41 parcel to the Plaintiff, who is the project implementer, on the ground of Article 66(1) of the former Urban Development Act and Articles 65 and 99 of the former National Land Planning and Utilization Act (amended by Act No. 11690, Mar. 23, 2013) with respect to the State-owned and public-owned land 41 parcels managed by the head of Nam-gu Gwangju Metropolitan City among the Gwangju Urban Development District.

However, on October 16, 2012 and November 14, 2011 of the same year, the head of the Nam-gu Gwangju Metropolitan City rejected the Plaintiff’s request on the grounds that the actual use of the said road portion is not a road or ditch, but a road or ditch, and 55-40-40 square meters and 132 square meters and size of 132 square meters and size of 621-3 square meters and 621-3 square meters in Nam-dong, Nam-gu, Gwangju Metropolitan City (hereinafter referred to as “instant Gwangju-dong land”; and for a specific part, the said road portion is “the Song-dong land” and the said ditch land is not a road or ditch, and thus, it is not a land subject to gratuitous reversion.

On November 20, 2012, the head of the Nam-gu Gwangju Metropolitan City (Seoul Metropolitan City) discontinued each use of the Gwangju-do land and changed its land category into “transfer”.

Accordingly, the Minister of Strategy and Finance, the managing authority, delegated the disposal of each of the above lands owned by the defendant to the Korea Asset Management Corporation.

The plaintiff.