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1. The defendant received KRW 2,431,242,00 from the plaintiff at the same time, and simultaneously received from the plaintiff
(a) there shall be no limitation on rights;
Reasons
1. Facts of recognition;
A. On September 5, 2008, the Governor of the Gyeonggi-do decided and publicly announced the urban management planning (C, D, E, F, and G) of Gwangju City (C, D, E, and G) as a notice of Gyeonggi-do.
On October 4, 2013, the Plaintiff (a Daol Trust Co., Ltd., one company prior to the alteration) entrusted by Cheong F&D and DaS T&C Co., Ltd. (hereinafter “instant truster company”) obtained approval for a housing construction project plan for constructing apartment houses and ancillary welfare facilities in the 19,850 square meters of 19,850 square meters of 19,850 square meters of Cheong-si, Gwangju-si, and 38 square meters of 19,850 square meters of 19,880 square meters of 44, J, and 44, and the K block (hereinafter “instant business area”), and the Gwangju-si Mayor made each public announcement (D, M) on October 8, 2013.
B. The Defendant completed the registration of ownership transfer on May 25, 2005 with respect to each real estate listed in the separate sheet in the instant project zone (hereinafter “instant real estate”).
C. On October 30, 2013, the Plaintiff entered the instant real estate in attached Form 3 of Article 18-2 of the Housing Act as a result of the instant project by content-certified mail to the Defendant.
Around November 5, 2013, the employee in charge of the management company of this case visited his/her residence and explained the above contents to his/her children, and around November 18, 2013, the said employee in charge did not call with the defendant, even though he/she had a telephone contact around November 18, 2013.
The Defendant did not give any particular answer to the Plaintiff’s request for consultation.
On December 4, 2013, the Plaintiff presented to the Defendant that each of the real estate listed in attached Tables 1, 2, and 5 among the instant real estate should be sold to the Defendant at KRW 1,546,55,50 ( KRW 977,595 per square meter), and that the remainder of each of the instant real estate should be sold to KRW 525,93,00 ( KRW 836,237 per square meter).