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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is designated as the Bogeumjari Housing District under Article 209-276 of the former Special Act on the Construction of Bogeumjari Housing, etc. (amended by Act No. 11690, Mar. 23, 2013; Act No. 12251, Jan. 14, 2014; Act No. 13498, Aug. 28, 2015; hereinafter the same shall apply) on June 3, 2009 pursuant to the former Special Act on the Construction of Bogeumjari Housing, etc. (amended by Act No. 11690, Mar. 23, 2013; Act No. 2009-935, Sept. 28, 2009; the Plaintiff is an implementer of the Dayangwon Housing Development Project (hereinafter “instant project”).
(b)where the area of each land as stated in the annexed sheet 1 to 3 is different from the area of each land as stated in the annexed sheet 1 to 3, only the area of land acquired at a cost.
(hereinafter referred to as “each land of this case”) is state-owned and public land in the project district of this case. At the time of approval of the district plan on the project of this case, each land listed in the separate sheet No. 1 was owned by the Republic of Korea, by the defendant Gyeonggi-do, and by the defendant Choyang-si, each land listed in the separate sheet No. 2 list No. 3
C. 1) After the designation of the project district of this case, the Plaintiff: (a) the Special Act on the Construction of Bogeumjari Housing, etc.; and (b) the former National Land Planning and Utilization Act (amended by Act No. 10580, Apr. 12, 201; hereinafter the same shall apply) to which the said Act applies mutatis mutandis.
The State-owned land listed in the separate sheet No. 1 to the defendant Goyang-si and the defendant Gyeonggi-do was owned by the defendant Republic of Korea, on the ground that the land constitutes the "public facilities in the future" as determined by the management agency, but the management agency was the ancient city.
Although the request for consultation on gratuitous reversion was made, it shall be gratuitously reverted to the defendant Goyang-si and the defendant Gyeonggi-do on the ground that the current status of each of the lands in this case is not public facilities.