Whether the land category of the land in the answer is changed to the road and whether it is possessed by the owner of the Si.

Unless special circumstances exist, only the fact that the land category has been converted from the paddy field to the road, and the market price cannot be deemed to have occupied the road site from that time to that of its owner.

Article 245 of the Civil Act

[Judgment of the court below]

[Defendant-Appellee] Plaintiff 1 and 3 others

Gwangju High Court Decision 78Na475 delivered on November 15, 1979

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The defendant's attorney's grounds of appeal are examined.

According to the reasoning of the judgment below, if the facts were to be recognized as belonging to the exclusive jurisdiction of the judge of the court below, the non-party's ownership transfer registration has been made in the name of 97 square meters and ( Address 1 omitted) 80 square meters (hereinafter the above two lots) in Gwangju-si, and the non-party's death on January 28, 1951. The non-party's death, which caused the plaintiff's death to inherit his property, was 91.6 square meters in the original city and 6.4 square meters in the above ( Address 1 omitted) as of 96.6 meters in the original city and the above (Road 2 omitted), and the defendant's land category was to be converted to the above 9.6 meters in its original site to 19.6 meters in its new site, and there were no errors in the law as to the alteration of the ownership of the above lots from 25.19 to 196 meters in the original road and the land category of the non-party's new site.

The issue is that the judgment of the court below cannot be adopted because it is based on the premise of facts different from the facts recognized by the court below.

Therefore, this appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Hah-hova (Presiding Justice)