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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion - Around December 1992, a approximately 140 square meters of approximately 278 square meters in farmland and G forest land (hereinafter “Plaintiff’s land”) owned by the Plaintiff was incorporated into a road according to the public announcement of the determination of urban planning around December 1992 (hereinafter “instant site incorporated into a road”); and there is still no project approval (public announcement of recognition of public works) under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).
The plaintiff is under restrictions on the exercise of property rights in accordance with the above urban planning.
- Defendant Gwangju Metropolitan City (hereinafter “Defendant Si”) owns 354 square meters and 347 square meters of I forest land in general property in contact with the Plaintiff’s land.
(hereinafter “Defendant’s land”). - The Plaintiff may exchange land, buildings, and other fixtures which are general property with state property, public property of other local governments, or private property in any of the following cases: Provided, That the head of a local government may exchange the land, buildings, and other fixtures which are general property with state property, public property of other local governments, or private property:
Provided, That the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall be excluded herefrom.
1. If necessary to increase the efficiency of property by directly using or managing small-scale general property for public use or at one location, the relevant local government exchanged the site to be incorporated into the road of this case, which will be maintained at the time of fish spam, to the same area as part of the Defendant’s land, and requested the Defendant to the Si;
However, the defendant Si does not comply with the plaintiff's request for exchange on the ground of the proviso of Article 39 (1) of the Public Property Act, because the land compensation law applies to this case.
- Article 39(1) of the Public Property Act, because the land to be incorporated into the road of this case has not obtained project approval under the Land Compensation Act for a long time.