beta
Text
1. The Defendant’s KRW 64,113,747 as well as the Plaintiff’s annual rate from March 30, 2012 to May 16, 2018.
Reasons
1. Basic facts
A. The Plaintiff owned 3683/4985 shares (hereinafter “the instant land and the instant land shares”) among the 306m2 in 306m2 in Ansan-si.
B. The Defendant registered the transfer of ownership on March 30, 202 with respect to the instant land shares on the ground of the acquisition of public land by agreement on March 22, 2002 under the former Act on Special Cases concerning the Acquisition of Land and Compensation for Loss (repealed by Act No. 6656, Feb. 4, 2002) in order to implement a land readjustment project of the Osansan District D District, the implementation plan of which was authorized by the Gyeonggi-do public notice C (hereinafter “instant project”), and paid 17,973,180 won to the Plaintiff as compensation.
[Evidence: Facts without dispute, Gap 1, 2]
2. Occurrence of the redemptive right;
A. The Plaintiff’s assertion 1) The Defendant, on the land necessary for the instant project, planned to acquire the instant share of land from the Plaintiff and open a road. However, road construction was not implemented for the instant land. Since from 2010 when the instant land was not used as a road, it was no longer necessary for the instant project as it was used for the purpose of parking lots, etc., the instant land constitutes a case where the need for a public project becomes unnecessary within 10 years from the date of acquisition of land, and thus, a repurchase right was created for the instant land. Accordingly, the Defendant, as the implementer of the instant project, neglected to notify or publicly notify the Plaintiff of the occurrence of the repurchase right under Articles 91(1) and 92(1) of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 10239, Apr. 5, 2010; hereinafter “Land Compensation Act”).
Accordingly, the Plaintiff loses the right of repurchase on the instant land due to the lapse of the period of exercise without exercising the right of repurchase within 10 years from the date of acquisition through consultation.