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1. Revocation of the first instance judgment.
2. The defendant shall be the plaintiff.
(a) Appendix 1 to Schedule 3;
Reasons
1. Basic facts
A. The Plaintiff is a corporation that is established based on the Korea Land and Housing Corporation, and is an implementer of the B Bogeumjari Housing Zone development project (hereinafter “instant project”).
The Plaintiff obtained approval from the Minister of Construction and Transportation pursuant to Article 8(1) of the former Housing Site Development Promotion Act (amended by Act No. 8384, Apr. 20, 2007) for the implementation of the instant project, and this was publicly notified as C of the Ministry of Construction and Transportation on January 18, 2007, and thereafter, the instant project was converted to E public housing projects on December 30, 2009 pursuant to Articles 12 and 17 of the former Special Act on the Construction of Bogeumjari Housing, Etc. (amended by Act No. 10599, Apr. 14, 201). The said project was publicly notified as D of the Ministry of Land, Infrastructure and Transport on December 30, 2009, and was converted to E public housing projects under Articles 12 and 17 of the former Special Act on the Construction of Public Housing (amended by Act No. 13498, Aug. 28, 2015).
B. On June 28, 2005, the Defendant acquired the ownership of each land listed in the separate sheet 1 through 3, which is the land within the instant project execution zone, and newly constructed a building listed in the separate sheet 4 (hereinafter collectively referred to as the “instant real estate”), among the above land and buildings, and installed each obstacles listed in the separate sheet 2 (hereinafter referred to as the “instant obstacles”), and operated the gas station (hereinafter referred to as the “instant gas station”), and occupied the instant real estate.
C. On March 31, 2010, the Plaintiff completed the registration of transfer of ownership based on expropriation on March 9, 2010, and deposited KRW 3,39,870,860 (land 2,840,141,400, obstacles, 357,236,300, and business licenses 142,493,160,160) with Defendant as depositee from July 31, 2014 to November 30, 2015, based on the judgment rendered on March 9, 2010.
The business compensation between the Plaintiff and the Defendant for the instant gas station.