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1. The Defendant’s KRW 16,184,024,00 for the Plaintiff and KRW 1.78% per annum from June 27, 2019 to June 30, 2019.
Reasons
1. Basic facts
A. The Special Act on the Construction of Bogeumjari Housing, Etc. (amended by Act No. 12251, Jan. 14, 2014; hereinafter the same shall apply) was amended by Act No. 12251, Jan. 14, 2014 to the Special Act on the Construction of Bogeumjari Housing, Etc. (amended by Act No. 12251, Jan. 14, 2014; hereinafter the same shall apply) by the Ministry of Land, Transport and Maritime Affairs No. 2010-808, the Ministry of Land, Transport and Maritime Affairs announced in November 2010, and the Special Act on the Construction of Public Housing was amended by Act No. 13498, Aug. 28, 2015 to the Special Act on Public Housing.
The designation and alteration of the Bogeumjari Housing District and the district plan (hereinafter referred to as the “instant project”) designated and developed as the Bogeumjari Housing District under the A, and the Plaintiff was designated as the project implementer.
B. The land listed in attached Table 1 (hereinafter collectively referred to as “instant land”) included in the site of the instant project is state property under the jurisdiction of the Ministry of Agriculture, Food and Rural Affairs.
The Plaintiff, as the operator of the instant project, installed new public facilities or installed facilities replacing the existing public facilities on the land for the instant project, is 756,151.2 square meters in total, including 248,705 square meters in roads, 287,090 square meters in parks, and 96,554 square meters in green areas.
A request was made to the Defendant for free reversion consultation on the instant land.
C. The Defendant rejected a request for consultation on gratuitous reversion of the Plaintiff on the ground that the instant land is not subject to gratuitous reversion, and on May 13, 2019, changed the management authority to the Ministry of Strategy and Finance by disuse of the instant land.
On June 26, 2019, the Plaintiff paid a total of KRW 16,184,024,000 to the Defendant, and acquired the instant land through consultation.
(e) The relevant provisions are as shown in the separate sheet, and the COFIX’s new treatment criteria publicly announced by the Association A in 2019 are as listed in the corresponding column in Schedule 2.