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1. As to the Plaintiff’s KRW 98,383,600 and KRW 21,00,000 among them, the Defendant paid to the Plaintiff KRW 77,383,60 from October 3, 2015.
Reasons
1. Basic facts
A. On January 16, 2002, the Plaintiff is the owner who completed the registration of ownership transfer on August 3, 2001 with respect to the 410 square meters of river B in Young-gu, Suwon-gu, Suwon-si (hereinafter “instant land”).
B. The Defendant, on September 10, 1997, designated the instant land as a small river; on July 29, 1998, implemented a comprehensive plan for the maintenance of small rivers (hereinafter “the instant river maintenance project”); on December 10, 2003, under the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, acquired the instant land through consultation from the Plaintiff and paid the Plaintiff KRW 71,135,000 for compensation; and on December 18, 2003, completed the registration of ownership transfer in the name of the Defendant.
C. On June 30, 2004, the Minister of Construction and Transportation designated and publicly announced a single unit of the area including the instant land as a zone subject to the G Housing Site Development (hereinafter “the instant housing site development zone”) in the Suwon-si, Young-si, the executor, the Gyeonggi-do governor and the Suwon-do governor. On December 30, 2005, H in the Ministry of Construction and Transportation announced on December 30, 2005, the name of the said zone subject to the said housing site development zone was changed into “I housing site development zone” and approved and publicly announced the housing site development plan for the said zone. On June 28, 2007, the Ministry of Construction and Transportation published J as the Ministry of Construction and Transportation published on June 28, 2007, changed the name of the said zone into “I housing site development zone,” and publicly notified the plan to develop and modify the housing site development plan.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 4, Eul evidence 5-1 and 2, the purport of the whole pleadings
2. Determination
(a) Article 91(1) of the Land Compensation Act, whether a repurchase right has arisen, acquires through consultation or expropriation of “land” within 10 years from the date of acquisition or expropriation of such land, or acquires by other reasons.