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1. The defendant is limited to the plaintiff's free reversion on July 1, 1980 with respect to each real estate stated in the separate sheet.
Reasons
1. Basic facts
A. On March 27, 1979, the Defendant obtained approval of a plan for construction of private housing (hereinafter “instant project”) under Article 33 of the former Housing Construction Promotion Act (amended by Act No. 3420, Apr. 20, 1981; hereinafter “former Promotion Act”) from the Plaintiff on March 27, 1979 for the construction of private housing on the land outside of No. 314-6, Sig-si, Sig-gun, and received a certificate of completion inspection on July 1, 1980 for the instant project.
B. While running the instant project, the Defendant constructed a road on each land listed in the separate sheet (hereinafter “each land of this case”) and each land of this case is currently being used as a road.
C. Meanwhile, the defendant completed the registration of ownership transfer in the name of each defendant as to each land listed in the separate sheet Nos. 3 through 6 on December 31, 1978, and each land listed in the separate sheet Nos. 1 and 2 on July 31, 1990.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 to 6, Gap evidence 2-1 to 6, Gap evidence 3-1, 2, and 3, the purport of the whole pleadings
2. The assertion and judgment
A. Article 33(6) of the former Promotion Act (amended by Act No. 4427 of Dec. 14, 191; hereinafter the same) provides that “Where a project proprietor installs new public facilities or public facilities replacing the existing public facilities on the land in the project district, for which the approval of the project plan has been approved under paragraph (1), the attribution of such public facilities shall be governed by the provisions of Article 83 of the former Promotion Act. In this case, the implementor of the urban planning project shall be deemed the project proprietor and the implementation plan shall be deemed the project plan.” Article 83(2) of the former Urban Planning Act (amended by Act No. 4427 of Dec. 14, 191; hereinafter the same) provides that “A public facilities newly installed by an implementer of a non-administrative agency after the implementation of an urban planning project shall gratuitously vest