1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Facts of recognition

On April 29, 1994, the Mayor of Jongno-gu Seoul Metropolitan Government (hereinafter referred to as the “instant improvement zone”) designated one lot of 29 and 51 lots of 51, Jongno-gu, Seoul, as the Sejong Metropolitan City Urban Environment Improvement Zone 2 (hereinafter referred to as “instant improvement zone”) and publicly announced it under Article 194-131 of the Seoul Metropolitan Government Public Notice

On November 22, 2007, the head of Jongno-gu Office made DB Investment Finance Co., Ltd. a project implementer to implement an urban environment rearrangement project (hereinafter referred to as “instant rearrangement project”) in the rearrangement zone in this case, and publicly announced as the Jongno-gu Seoul Metropolitan Government Public Notice No. 2007-53 on November 23, 2007.

According to the authorization to implement the project of this case, the head of Jongno-gu Office abolished the use of 6-4 square meters in Jongno-gu Seoul Metropolitan Government newspaper 1,6-4, 121.4 square meters (hereinafter referred to as “instant site”) located in the rearrangement zone.

On August 27, 2010, the head of Jongno-gu Office changed the project implementer of the instant improvement project to the Plaintiff from the broadband Project Investment Finance Co., Ltd. (DBS Investment Finance Co., Ltd. before the mutual change) and publicly announced it as the Jongno-gu Seoul Metropolitan Government Notice No. 2010-46.

From September 8, 2010, the Plaintiff occupied the instant site and excavated cultural heritage pursuant to the Act on Protection and Inspection of Buried Cultural Heritage.

On July 1, 2012, the defendant entrusted the Korea Asset Management Corporation with the management and disposal of the public property owned by the defendant, including the site of this case which is general property.

On December 2012, the Plaintiff entered into a sales contract with the Defendant to purchase the instant site from the Defendant in KRW 4,786,018,30, and around January 2013, the sales price was changed to KRW 4,086,780,000.

The Korea Asset Management Corporation occupied and used the instant site from September 8, 2010 to January 10, 2013 by the Plaintiff, and on January 3, 2013, pursuant to Article 31 of the Enforcement Decree of the Public Property and Commodity Management Act (hereinafter “Public Property Act”).