1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 15, 1989, the Defendant approved and publicly announced an urban planning project (D expansion works, hereinafter “previous public works”) that covers C as a business section in Busan Metropolitan City Shipping Daegu B, Busan Metropolitan City. The subject of the foregoing previous public works included 400 square meters out of 559 square meters in Busan Shipping Daegu, which was owned by E at the time.

B. On March 30, 1990, the Defendant filed an application for adjudication of expropriation with the Central Land Expropriation Committee, which attempted to sell and purchase the portion of 400 square meters incorporated into the previous public works among 559 square meters in Busan Shipping Daegu F, but did not reach an agreement. On March 30, 1990, the Central Land Expropriation Committee rendered a ruling of expropriation on April 30, 199 with respect to compensation for the said portion of land (367,500 won per square meter) and the date of commencement of expropriation.

On the other hand, E did not receive the above compensation, the defendant deposited the amount of KRW 147,00,000 on April 30, 1990 as Busan District Court No. 681 for 90 years.

C. Since then, on March 21, 1991, the area of 559 square meters in Busan Shipping Daegu F.M. was divided into 40 square meters in Busan Shipping Daegu and Do 519 square meters in Busan Shipping Daegu (including the above 400 square meters as incorporated; hereinafter “instant land”). D.

Meanwhile, as a result of conducting a cadastral confirmation survey on D Expansion Works, which was completed as a previous public project, the Defendant confirmed that not only the portion of 400 square meters among the instant land, but also the remaining portion of 119 square meters among the instant land, was included in the road within the existing urban planning line. Accordingly, on April 1, 1991, the Defendant entered the said portion into the business (road) zone through a public announcement on approval for modification of the implementation plan for the urban planning project on April 1, 1991. On December 23, 1991, the Defendant demanded on December 23, 1991 that the remaining portion of 119 square meters be settled as to the amount of compensation for the settlement of 43,732,500 square meters (the same shall apply to the amount of 367,500 square meters per square meter at the time of the adjudication on expropriation of KRW 119 square meters x 119 square meters).