All appeals and supplementary appeals are dismissed.

The costs of appeal and supplementary appeal shall be borne by each party.

The grounds of appeal and the grounds of incidental appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the Defendant’s ground of appeal

A. As to the grounds of appeal Nos. 1 and 2, public facilities under Article 25(1) of the Housing Site Development Promotion Act and Article 65(1) of the former National Land Planning and Utilization Act (amended by Act No. 11922, Jul. 16, 2013; hereinafter “National Land Planning Act”) constitute public property under the State Property Act and the Public Property and Commodity Management Act.

In addition, the issue of whether a person who has obtained approval of the implementation plan for the housing site development project is the existing public facilities to be gratuitously reverted to the person who has obtained approval of the implementation plan for the housing site development project shall be determined at the time of approval of the implementation plan for the housing site development project, but even if the actual use situation of the existing public facilities at the time of approval differs from the category in the public land register, if the management agency fails to abolish the existing public facilities and manages the existing public facilities as property

(See Supreme Court Decision 2002Da59863 Decided May 28, 2004). Meanwhile, according to the relevant laws and regulations at the time of the land survey project under the Japanese colonial Rule, the land category was examined by roads, rivers, ditches, etc., but the lot number was not set at the time of the land survey project, and the land which was registered or not registered on the land cadastre was conducted by the land survey register was a state-owned public property used as roads, rivers, ditches, etc. according to the current state at the time of the land survey. The state-owned property under the Japanese colonial Rule prior to August 9, 1945 was naturally owned by the government of the Republic of Korea at the time of the establishment of the government of the Republic of Korea and at the same time by its own authority.