1. The plaintiff's claim is dismissed.

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

1. On June 27, 2007, the Plaintiff purchased six parcels (hereinafter “instant parcels”) including a square of 295 meters in the school site B, a square of 1957 meters in Boan-si, a square of 1957 meters in the school site C, a square of 67 meters in Boan-si, a square of 22 meters in the school site E in Boan-si, a Boan-si, a square of 437 meters in the city of Boan-si, a square of 157 meters in the city of Boan-si, and completed the registration of ownership transfer in the name of the Plaintiff on June 28, 2007.

The land of this case was determined as an urban planning facility (general roads) by the public announcement of Boan-si around January 23, 1996, but the urban planning project has not yet been implemented.

[Ground of recognition] Facts without dispute, Gap 1, 2 (including each number in the case with a serial number), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion that the land of this case owned by the plaintiff was designated as an urban planning facility (general road) around 1996, and since around that time, the land was occupied and used by the general public as it was provided for pedestrian traffic, the plaintiff is obligated to return the profit equivalent to the profit from the use of the land

B. Determination 1 of the form of occupation of a road by the State or a local government is divided into possession as a road management authority and possession as a de facto controller. Thus, if the existing road is determined by the Road Act, or a road zone is constructed by the implementation of an urban planning project under the Urban Planning Act, possession as a road management authority can be recognized starting from the existing road. Even if a road is not established by the Road Act, if the State or a local government executes the reconstruction or maintenance of the existing road, such as expansion of a road, packing of a road, or installation of a sewerage system, and uses it for the general public’s traffic, it shall be recognized that the existing road is actually under the control of the State or a local government, and it shall be recognized that possession as a de facto controller commences.