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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. On October 2003, the Minister of Commerce, Industry and Energy, in accordance with the Special Act on the Designation and Management of Free Economic Zones, designated the Mancheon-si, Masan-si, Masan-ri, Mayang-ri, and South-ri, as a free economic zone. On November 2006, the implementation plan for the development project for the new sub-committee of the Manyang-do (hereinafter “instant development project”) was approved.
B. On August 30, 2007, the Administrator of the Mine Yang Man-do Free Economic Zone (hereinafter referred to as the “Mancheon Co., Ltd.”) designated the Net Co., Ltd. as the executor of the instant development project, and on March 4, 2008, construction arising from the said development project was commenced since March 4, 2008.
C. The instant development project included a plan to create part of the site for public facilities as a sports facility (golf course) from the time the implementation plan was approved, but the project implementer on October 19, 201 changed the instant sports facilities (golf course) from the net eroke to the Plaintiff according to the application for change of the business plan.
The Plaintiff constructed and completed the instant business complex in accordance with the said implementation plan, and among the sites used by the Plaintiff to develop the instant golf course, each land listed in the separate sheet owned by the Defendant (hereinafter “instant land”) corresponding to the general property under the State Property Act (hereinafter “instant land”). The lot number of the land listed in the separate table Nos. 17 included in the separate sheet Nos. 446-24, 198, in the instant business complex.
E. On January 8, 2013, the Plaintiff filed an application for purchase with the Korea Asset Management Corporation, which is a management and disposition authority, to purchase the instant land, and on February 20, 2013, the Korea Asset Management Corporation notified the Plaintiff that KRW 628,262,00, which is the appraiser based on the premise that the instant land is “golf course site” shall be determined as the sale price of the instant land.
F. The Plaintiff’s land on March 6, 2013.