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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 2, 2008, the Plaintiff is a housing redevelopment and maintenance project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) established to remove existing buildings within the instant project area by designating the area as the project implementation district (hereinafter “instant project area”) and install new apartment and maintenance infrastructure (hereinafter “instant redevelopment project”).
B. On August 13, 2012, the Plaintiff obtained authorization for the implementation of the instant redevelopment project on the condition that the head of the Nam-gu Busan Metropolitan City (hereinafter referred to as the “instant redevelopment project was incorporated within the instant project area and entered in the separate list owned by the Defendant (hereinafter referred to as the “instant land”) was “to purchase each of the instant land after disuse,” and that “to purchase each of the instant land after disuse according to the separate order.”
After that, on January 16, 2014, the Plaintiff obtained the authorization for the execution of the redevelopment project in this case under the condition that the head of the Nam-gu Busan Metropolitan Government has maintained the above conditions.
C. Accordingly, on August 18, 2015, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 1,884,909,040 (hereinafter “instant sales contract”) the land incorporated into the instant business zone from the Defendant, which was used by the Plaintiff for the residents’ passage, and paid the purchase price in full to the Defendant around that time, and completed the registration of ownership transfer for the instant land.
Meanwhile, while implementing the instant redevelopment project, the Plaintiff newly installed a road of 2,429,578,500 square meters and a total of 1,383.6 square meters of public land under the Urban Improvement Act, which is an infrastructure for maintenance, in which the costs equivalent to a total of KRW 7,429,578,500 on part of the land within the instant redevelopment project.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Gap evidence 4-1 to 3.