1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid shall be revoked.

2...

1. Basic facts

A. On December 28, 1964, the Plaintiff completed the registration of transfer of ownership in its name with respect to CY 3,021 square meters (hereinafter “instant land before the instant partition”).

B. On March 5, 1998, the designation of the land before the instant subdivision was made by the Plaintiff on the part, etc. of the land before the instant subdivision from the Plaintiff at the time of the conclusion of the sales contract on the part, etc. of the land before the instant subdivision.

On March 10, 1998, in order to establish access roads due to the new construction of the D apartment in Gyeyang-si, the defendant applied for the designation of the urban planning project (road) operator and the authorization of the implementation plan.

C. On May 9, 1998, the Defendant approved the implementation plan for the G Urban Planning Project, which is to be a long construction project operator, pursuant to Articles 23 and 25 of the former Urban Planning Act (wholly amended by Act No. 6243, Jul. 1, 2000; hereinafter the same), on condition that the land and facilities to be incorporated into F, including a part of the land before the instant subdivision, are donated.

on August 28, 1998, the Bag Construction filed an application for subdivision of the instant land before the instant partition, and the instant land before the instant partition was divided into B 585 square meters in Yangsan-si and C 2,436 square meters in Yangsan-si.

After that, the Plaintiff filed an application for subdivision of the 2,436 square meters in Yangsan-si. On March 8, 1999, the said land was divided into the 730 square meters in Yangsan-si Co., Ltd. (hereinafter “C land after division”) and the 1,706 square meters in Yangsan-si E.

E. Around September 18, 1998, construction completed F’s road construction including the instant land, but did not complete the procedure for donation of the instant land to the Defendant on the wind due to default. Since around that time, the said road was provided by means of road form to the general public for traffic, and the instant land also was owned by the public.