1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 21, 2008, in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), the Defendant, as an implementer of a B industrial complex development project (hereinafter “instant public project”), purchased by payment of KRW 43,771,00 in compensation for damages, and purchased the registration of ownership transfer for the said original land on August 11, 2008 by agreement.

B. On November 13, 2009, the original land in the instant case was divided into the E large 243 square meters (hereinafter “instant incorporated land”) and the land indicated in the attached Table (hereinafter “the instant remaining land”) was left.

C. On May 8, 2018, the Plaintiff deposited 21,658,000 won (43,771,000 won x 238 square meters x 238 square meters x 481 square meters) of compensation for the remaining land of this case with the Defendant as a principal deposit on the ground of the exercise of a redemptive right under Article 91 of the Public Works Act, etc. by this Court, as a gold No. 4449, May 8, 20

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 9 (including branch numbers in the case of additional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The instant public works had been commenced on July 25, 2006 after being designated as a F Industrial Complex on November 5, 199, and completed after obtaining the authorization of the completion of the industrial complex development works (stage 2) on May 26, 2016. In the process, the instant original land was divided into the instant incorporated land on November 13, 2009 after the registration of ownership transfer was made to the Defendant, and the instant incorporated land remains. The said incorporated land is used as a park creation, but the said remaining land is prevented from being excluded from the said public works.

Therefore, the remaining land of this case is no longer necessary for the public works of this case.