1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Facts of recognition;

A. The land which was created by the Plaintiff’s illegal reclamation of public waters from January 1, 1984 to February 1, 1988 is the land which was created prior to the instant subdivision.

B. The land before the instant partition was nationalized on October 25, 1989 under the condition that the Plaintiff’s duty to restore was exempted, and the Defendant acquired ownership by transferring the land before the instant partition from the State around December 30, 1989.

C. On March 8, 1990, the land before the instant partition was divided into 15,925 square meters and 3,569 square meters for B miscellaneous land in Gwangjuyang-si, and the said land was further subdivided into 3,958 square meters for B miscellaneous land in lightyang-si, and 3,958 square meters for C miscellaneous land, 5,007 square meters for C miscellaneous land (hereinafter the said two lots are referred to as “each of the instant land”), Emiscellaneous land, 5,69 square meters for E miscellaneous land, and 1,261 square meters for F miscellaneous land.

On March 192, 1992, the Plaintiff obtained a loan from the Defendant and paid a loan fee.

[Ground of recognition] Facts without dispute, Gap 1, 2, 6 evidence, Eul 1 to 4 (including each number), the purport of the whole pleadings

2. Judgment on the main claim

A. (1) According to the existence of the Plaintiff’s right to demand purchase under the relevant statutes, such as Articles 12, 30, and 45 of the former State Property Act, Articles 32 and 33 of the former Enforcement Decree of the State Property Act, and Article 2(3) of the Addenda of the former Enforcement Decree of the Local Finance Act, the Defendant is obligated to sell each of the instant land transferred by the State to the Plaintiff as a landfill, and the Plaintiff has the right to demand purchase.

(2) The act of selling state-owned or public property is a juristic act under private law and, unless there is a provision giving priority to the right holder to purchase the property under relevant laws and regulations, the preferential right of the right holder cannot be recognized by law.

It is difficult to deem that the statutes of the former State Property Act, etc. give preferential right to a landfill land holder.

Gwangju District Court Decision 2001.6.29