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1. The plaintiffs' claims against the defendant and the defendant's successor are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. From November 13, 2013, the Ministry of National Defense, under the Defendant’s control, carried out a project to partially open access roads (HH lines) and right roads (I lines) (hereinafter “instant project”).
B. The land necessary for the instant project is divided into the land owned by the Plaintiff, D preceding 904 square meters (hereinafter “A”) from the J land owned by the Plaintiff, E preceding 948 square meters (hereinafter “B”) from the K land owned by the Plaintiff, and F orchard 1,696 square meters (hereinafter “C”) from the L land owned by the Plaintiff C, and the land was incorporated into the zone of F orchard 1,696 square meters (see attached Form M guidance; 1; 2; 3; 3; the land is incorporated into the right road section) from the right road section on May 19, 2015).
C. Around that time, the Defendant paid the Plaintiff A KRW 208,236,40 (i.e., 904 square meters x 230,350 square meters x 230,350 square meters) and KRW 229,984,80 to the Plaintiff B (i.e., 948 square meters x 242,600 square meters) and KRW 411,449,600 to the Plaintiff C (=1,696 square meters x 242,60 square meters).
On December 24, 2014 and October 12, 2016, the project of this case was completed after obtaining authorization to revise an implementation plan for urban planning facility project on December 24, 2014, and on December 12, 2017, and the Seopopopo City announced the completion of the construction of urban planning facility project on March 28, 2018.
E. (1), (2), (3) on July 24, 2018, the registration of change of land category has been completed on the ground of gratuitous reversion on the same day as the registration of change of land category was completed, and the registration of transfer of ownership has been completed on the part of the defendant successor.
F. On March 8, 2018, the Plaintiffs expressed their intent to redeem the part of the land, which became unnecessary for the instant project, to the Defendant (i.e., ①, (ii), and (iii) the land, but the Defendant rejected it on May 23, 2018, and subsequently filed the instant lawsuit. On December 21, 2018, when the lawsuit was pending, the part of the claim for redemption with the deposited person as the Defendant or the Defendant’s successor.