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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 Defendant is the project implementer of the instant project indicated in the attached list (hereinafter “instant project”). The instant land owned by the Plaintiff, which was incorporated into the instant project, was transferred to the Defendant for the acquisition of the land for public use on August 12, 201, on the ground of an agreement on the land for public use on August 12, 2011.
B. Around July 2011, the Plaintiff and the Defendant entered into a contract for the instant land purchase (hereinafter “instant contract”). The following is written on the back part of Article 4(2) Subparag. 4 of the instant contract, stating that “(to purchase compensation by substitute land at the time of settlement of balance)” as indicated below.
(hereinafter referred to as “the instant part”). A(Buyer). A(Buyer): submission of transfer of ownership documents and payment of the purchase price under Article 2 of the Gyeongbuk-do Development Corporation (Defendant) ③ Payment of the purchase price, KRW 32,798,000 shall be made in cash, and KRW 32,798,000 shall be made in bonds, and the remainder of KRW 32,798,000 shall be made in detached land and commercial land created in the C Project Area
Article 4 (1) Where a buyer is unable to pay all or part of land to a seller due to any cause or event prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as modification of the relevant project plan, he/she may pay
In such cases, interest calculated by applying the interest rate under Article 3 (2) from the date of cash payment to the date of cash payment under this paragraph shall be paid to the purchaser's land in accordance with this contract.
(2) Where a seller requests a cash payment of a right to receive compensation with land on the ground that the seller falls under any of the following subparagraphs, the buyer shall pay it in cash:
In such cases, this paragraph shall apply to the amount of money to be paid to a seller's land from the date of cash payment under this contract.