1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff asserted that, in order to implement a housing construction project under the Housing Act, the Plaintiff acquired more than 95% of the land in the project site, and the Defendant, who owned the land in the project site, did not comply with the agreement, and thus, the Plaintiff concluded a sales contract with the market price on the date of delivery of the copy of the complaint in this case by exercising a claim for sale under Article 22(1) of the Housing Act

Therefore, at the same time, the Defendant received 586,523,780 won from the Plaintiff, which is equivalent to the market price, and at the same time, has the obligation to implement the registration procedure for transfer of ownership on each real estate listed in the separate sheet owned by the Defendant, based on the sale date on which a copy of the complaint in this case

2. According to Article 22 of the Housing Act, a project proprietor who has obtained approval for a housing construction project plan under Article 21 (1) 1 may request the owner of a site (including buildings) for which he/she fails to secure a title to use among the relevant housing construction sites, to sell the site at the market price. In such cases, the owner of the site subject to a request for sale shall consult in advance with the owner of the site subject to such request for sale for a period of not less than three months (paragraph (1) and the provisions of Article 48 of the Act on the Ownership and Management

(3) As above, granting a project proprietor who has obtained approval for a housing construction project plan by the former Housing Act a right to sell a site necessary for the housing construction project to the owner of the housing construction project is specifically stipulated to allow the project proprietor to deprive his/her property rights against his/her will in order to achieve the public interest, such as housing stability and improvement of housing level through housing construction and supply. Therefore, the substance is the same as the public expropriation under Article 23(3) of the Constitution.