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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a housing redevelopment improvement project partnership which completed the registration of incorporation on December 21, 2007 with the approval from the head of the Busan Metropolitan Government Seo-gu Office on December 10, 2007 for the purpose of implementing the housing redevelopment improvement project for the Seo-gu B.
The Defendant owned and managed the land outside Seo-gu, Busan and 196 lots (hereinafter “instant land”) located within the rearrangement zone for which the Plaintiff was authorized to implement the project, and entrusted it to the Korea Asset Management Corporation.
B. Around June 7, 2012, the head of Seo-gu Busan Metropolitan City, upon promoting the Plaintiff’s improvement project, issued authorization to implement the project with the business area of 25,73 square meters located in Seo-gu, Busan, Seo-gu, Busan, and publicly notified on June 13, 2012. Around September 25, 2015, the project implementation authorization was revised and publicly notified on October 7, 2015.
On March 16, 2016, the Plaintiff received the approval of the management and disposal plan from the head of Seo-gu Busan Metropolitan Government, which was publicly notified on March 23, 2016.
C. (1) around February 2016, the Defendant conducted an appraisal on the instant land located within the rearrangement zone on the basis of its own officially announced value, and conducted consultation with the Korea Asset Management Corporation entrusted by the Defendant from August 2016 on the sale of the instant land.
(2) The Plaintiff requested the Korea Asset Management Corporation to calculate the sales price on the basis of the appraisal result based on the officially announced land price pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”). However, the Korea Asset Management Corporation rejected such request and requested the appraisal corporation located in the place of two occasions on May 2017 to appraise the instant land on the basis of market value.
(3) On June 20, 2017, the Korea Asset Management Corporation against the Plaintiff’s instant land.