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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. On April 16, 2005, the Republic of Korea: (a) determined the land subject to incorporation into a G construction project (hereinafter “instant project”); and (b) announced in the Official Gazette the 1,439 square meters of land prior to the said subdivision as land subject to incorporation into the instant project, among 4,760 square meters of F forest land in Da and E-ownership Kimhae-si (hereinafter “the land prior to the instant subdivision”); and (c) on February 23, 2006, the Republic of Korea issued a public announcement of the change of 1,65 square meters of the land prior to the said subdivision as the land subject
B. On March 22, 2005, the Plaintiff filed an application with the competent cadastral authority for the subdivision of the land before the instant subdivision in accordance with the project implementation drawings of this case. On May 9, 2006, the land before subdivision was divided into 1,584 square meters and 74 square meters of land in Kimhae-si, Kimhae-si (hereinafter “each land of this case”) and the transfer registration was completed.
C. On May 15, 2006, the Plaintiff completed an agreement acquisition as to the E’s share of each of the instant lands between one of the co-owners of each of the instant lands with E, and E received KRW 10,805,380 as compensation for losses.
On November 20, 2006, the Defendant completed the registration of transfer of ownership on the ground of sale due to voluntary auction on November 10, 2006, as to the 3,105 square meters of land F, Kimhae-si and the 3173/4760 square meters of land of this case, each of which is the share of D, remaining after being divided into the land before the division of this case.
E. On December 15, 2006, the Plaintiff completed negotiations with the Defendant regarding the Defendant’s share in each of the instant land, and received KRW 31,261,180 as compensation for losses.
F. Around June 30, 2008, F Forest No. 3,105 square meters were re-divided into 1,203 square meters of H forest in Kimhae-si. On July 14, 2008, the said H Forest No. 1,203 square meters was divided into 168 square meters of I forest and E and 1,035 square meters of H forest owned by the Plaintiff on the ground of the partition of co-owned property between the Defendant and E.
G. On May 10, 2010, the remaining land remaining after being divided into the instant land before the instant partition was subject to registration conversion into 1,787 square meters of JJ forests and fields on May 10, 201, and on July 5, 2010, K on July 5, 201, the said J forest and field 1,787 square meters.