1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant purchased each of the lands of this case from D in accordance with the Act on Special Measures for Readjustment of Requisitioned Property (Act No. 2172), and completed each registration of ownership transfer on the lands of this case on July 15, 1978 as to the land B of this case among the lands of this case, and on February 24, 1978 as to the land C of this case.

B. D died on June 26, 1981, and D’s co-inheritors, including the Plaintiff, agreed on the division of inherited property to inherit each of the instant land solely by the Plaintiff around October 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2, Gap evidence 7, Eul evidence 1, the purport of the whole pleadings

2. Although the Defendant’s assertion was requisitioned from D to use each of the instant lands as the military unit’s facility site, the part of the purport of the claim in each of the instant lands was not currently used for the above purpose. Therefore, the Defendant is obligated to sell each of the said parts to the Plaintiff under a negotiated contract pursuant to Article 20-2(1) of the Act on Special Measures for Readjustment of Requisition Property.

3. Article 20-2(1) of the Act on Special Measures for Adjustment of Requisitioned Property provides that “If all or part of the pertinent property becomes unnecessary for military purposes after five years have elapsed since the date the redemption of securities paid with the purchase price of requisitioned property purchased under this Act was completed, the State may sell it to the person requisitioned at the market price at the time of sale by a negotiated contract, notwithstanding the provisions of the State Property Act, or his/her heir at the time of sale, notwithstanding the provisions of the State Property Act.” The above provision merely purports that the State may sell the requisitioned property whose repurchase period has expired by a free contract to the person requisitioned, and it does not recognize the person requisitioned

(See Supreme Court Decision 95Da5622 delivered on December 22, 1995). Furthermore, Article 20-2(3) of the same Act provides that when the property to be sold under the provision of paragraph (1) has occurred, the Minister of National Defense shall, without delay, purport thereof by the person requisitioned or his/her heir.