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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 6, 1987, the Defendant purchased from the Plaintiff the 796m2, Daegu Dong-gu, Daegu District Court (hereinafter “instant land”). As to the instant land, the Defendant completed the registration of ownership transfer on the ground of “sale on October 6, 1987,” as the receipt No. 99672, Oct. 29, 1987.”
B. After the Defendant purchased the instant land, the Ministry of National Defense under the Defendant’s control used the instant land as a site E which combine D from the instant land. The Daegu Metropolitan City Mayor announced the closure of some of the E sections as the F of the Daegu Metropolitan City notification on November 6, 2006.
C. On June 9, 2009, the Ministry of National Defense is the owner of the Daegu Dong-gu G field 790 square meters adjacent to the instant land (hereinafter “Adjoining land”) and “H, I, and J et al. (hereinafter “H et al.”) who is the Plaintiff’s children.
d) The Ministry of National Defense presented a notice to confirm the intention of purchase of state property. After that time, the Ministry of National Defense conducted a public auction procedure for the instant land through an open competitive bidding. 【Unsatisfying grounds for recognition, the facts that there is no dispute, Gap 1 through 5, 12, 13, 15, Eul 1 through 6 (if available, each entry including each number, and the purport of the entire pleadings).
2. Summary of the plaintiff's assertion
A. Since the Defendant’s primary claim accepted the instant land as a military necessity and thereafter no longer necessary, the Defendant should notify the Plaintiff of the repurchase pursuant to Article 92 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), and repurchase the instant land to the Plaintiff pursuant to Article 91 of the same Act.
Nevertheless, the Defendant, without notifying the Plaintiff of the repurchase, intended to sell the instant land through the public auction procedure.
The plaintiff expressed his intention to repurchase the land of this case to the defendant through the service of the duplicate of the complaint of this case. Thus, the defendant is only the ground for repurchase with respect to the land of this case.