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1. The defendant shall pay to the plaintiff KRW 55,537,809 and KRW 30,429,305 among them, from September 27, 2005, KRW 25,108,504.
Reasons
1. Facts of recognition;
A. From November 28, 1987, the Plaintiff owned the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government 896㎡ (hereinafter “instant land before the instant partition”).
B. Around August 10, 1984, the Defendant: (a) divided the part of the land before the instant partition into the road for the purpose of E-entry expansion construction (the second car) upon the authorization of the implementation plan of the Seocho-gu Urban Planning Project (Road), and divided the said part into the road with F 314 square meters; (b) paid 68,766,000 won to the Plaintiff on September 27, 1995; (c) around November 30, 1999, the Defendant made the Plaintiff include 132 square meters of the land before the instant partition into the road pursuant to the Seocho-gu G Urban Planning Project (H-I (the first car) and divided the said part into B 132 square meters; and (d) purchased the land from the Plaintiff on January 25, 2000 to the 15,602,400 square meters on January 25, 200; and (d) completed the registration of ownership transfer due to consultation on January 29, 2000.
C. On April 7, 1997, the said F 314 square meters was changed to a road, and was combined with H 549 square meters and cancelled. The said H land was combined with B on December 16, 2002 and became B 684 square meters.
On the other hand, among the land in this case, the section 130 square meters of the section 260 square meters connected in order to each point of the attached table Nos. 1, 2, 3, 4, 5, 6, 15, 14, 13, 12, and 1 of the attached table Nos. 5, 16, 17, 18, 19, 22, 21, 6, and 5 of the same drawings are not used as a road until now, unlike the original plan.
[Reasons for Recognition] Unsatisfy Facts, Gap's statements in Gap's 1 through 4, 6 through 8, Gap's images and the purport of whole pleadings
2. Judgment as to the main claim
A. Whether a repurchase right arises (1) pursuant to Article 91(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”), a landowner or a landowner as at the commencement date of acquisition by agreement or expropriation of land.