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1. The Defendant’s Schedule 2,427,768,00 won to the Plaintiff and the Plaintiff’s Schedule from August 31, 2012 to August 29, 2017.
Reasons
1. Basic facts
A. The Plaintiff (the name of the Plaintiff was changed in the B Corporation on September 1, 2016) is a project implementer of the E Bogeumjari Housing District Development Project (hereinafter “the instant district plan”), which was approved on December 3, 2009 by the Ministry of Land, Transport and Maritime Affairs publicly notified as C in accordance with the former Special Act on the Construction, etc. of Bogeumjari Housing (amended by Act No. 9552, Mar. 25, 2009; hereinafter “former Bogeumjari Housing Construction Act”), and the said district plan (hereinafter “the instant district plan”) was approved as D publicly notified by the Ministry of Land, Transport and Maritime Affairs on April 27, 2010, and the Defendant owned each land listed in the attached list in the instant project area and reverted it to the Plaintiff in return or without compensation.
B. After approval of the instant district plan, the Plaintiff filed a request for free reversion to the Defendant on the ground that each of the lands listed in the attached list constitutes “existing public facilities” as prescribed by Article 65 of the former Act on the Construction of Bogeumjari Housing and the National Land Planning and Utilization Act (amended by Act No. 10580, Apr. 12, 2011; hereinafter “former National Land Planning Act”).
However, although the Defendant decided to gratuitously revert the part on the “amount incorporated” in the separate sheet to the Plaintiff among the above land, the Defendant did not comply with the agreement on gratuitous reversion for the following reasons: (a) the portion on the “amount of compensation” stated in the above list (hereinafter “each land of this case”; and (b) the individual land by the sequences, on the ground that the actual use situation is not a road, etc., or there is a lack of evidence
C. Accordingly, on August 30, 2012, the Plaintiff paid the Defendant totaling KRW 2,943,089,250 as compensation for losses for each of the instant lands, following the procedure of adjudication of expropriation, etc., and completed the registration of ownership transfer for each of the instant lands based on expropriation.
(Compensation for losses for each of the lands of this case is as stated in the separate sheet of "compensation for losses" as shown in the separate sheet).
Since then, the Plaintiff.