1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

1. Basic facts

A. (1) On November 26, 1964, C, the mother of the Plaintiff, acquired ownership, and on December 2, 1964, a single-story building was newly built on the above ground of Seoul Gangnam-gu (U.D. at that time) D & 73 square meters (hereinafter “D land”).

(2) The D land was combined with the neighboring H land on August 10, 1974, and the area of 113 square meters was converted into the area of 3 square meters on January 26, 1978.

(3) On January 20, 1975, C, along with the Plaintiff, constructed a building on the fourth floor above the ground surface of D land (hereinafter “instant building”). On January 28, 1975, the Plaintiff transferred ownership of the second to fourth floor among them.

B. However, at the time of construction of the instant building, roads leading to D land had never been located outside the F-road. It was planned to construct a road between the Gangwon-gu Office and the instant building, as well as the construction of a road between the Gangwon-gu Office and the building of this case was planned, which eventually led to the shape where D land was located at the corner of F-road and new road.

C. Meanwhile, as seen above, the construction permit was granted from the Defendant on the instant land, among D land where two roads are crossing to construct the instant building in order to ensure the passage of traffic and the view of drivers by completely building the part abutting on India and the road at the intersection. However, C also obtained a construction permit from the Defendant with the purport that the building is not constructed on the instant land among D land where two roads are crossing in order to construct the instant building.

On March 23, 1983, 17.1 square meters among D land was divided and B among D land, and D land was also 357.4 square meters which is the present area.

E. On February 20, 1984, the Seoul Special Metropolitan City announced I of the Seoul Special Metropolitan City publicly, made a decision to authorize an implementation plan of an urban planning project (road) and to revise the plan, which is the F road of 2.4m wide.