1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Basic Facts

On June 28, 2007, the Mayor of Seoul Special Metropolitan City (hereinafter “instant project”) approved the designation and development of 350 square meters of 548,313 square meters, including each parcel of land listed in the attached Table’s real estate list, as an urban development zone under the former Urban Development Act (wholly amended by Act No. 8283, Jan. 26, 2007), and on September 1, 2016, the name was changed from the EP Corporation to the Seoul Housing Urban Corporation (hereinafter “Seoul Housing Urban Corporation”). The Mayor publicly notified that the project implementer was designated.

The Defendant owned each of the lands listed in the annexed real estate list located within the instant project zone prior to the aforementioned public notice, but as a result of the Defendant’s current status survey to authorize the instant project implementation plan, it was found that the current status of considerable parts of the land subject to the instant project is inconsistent with the land category (road, ditch, river, etc.) recorded in the public record as at the time

According to the results of the current status survey, the Plaintiff and the Defendant agreed that the current state is a public facility regardless of the land category of each land listed in the attached real estate list, and that the land shall be gratuitously reverted if it is not a public facility. On December 26, 2008, the Plaintiff entered into a sales contract with the Defendant to purchase each land listed in the attached real estate list from the Defendant that the current state is not a public facility.

(The purchase price for the portion reverted to the instant amount is as stated in the separate sheet of real estate. According to the evidence No. 2, 5,626,056,90 won in total, the Plaintiff calculated the sum of the purchase price to the Defendant on December 31, 2008, as KRW 5,626,056,99, and KRW 5,626,056,990 in total, and KRW 5,626,056,990 in total.