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1. The main part of the lawsuit in this case shall be dismissed.
2. The plaintiff's conjunctive claim is dismissed.
3...
Reasons
1. Basic facts
A. The Defendants are co-project implementers of B development projects implemented on land of 3,283,844 square meters in Seo-gu, Chungcheongnam-gu and Driwon (hereinafter “instant project”). The Plaintiff is a person who owned land of 660 square meters in Cheongju-gu E (hereinafter “instant land”) and its ground obstacles within the said project area.
B. On January 2, 2012, Defendant Chungcheong Development Corporation (hereinafter “Defendant Corporation”) publicly announced a compensation plan in a project zone pursuant to Article 63 of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Land Compensation Act”). Of the aforementioned public announcement, there was a content that “where a landowner wishes to compensate with land to be developed by the implementation of the instant project on behalf of the landowner pursuant to the proviso to Article 63(1) of the former Land Compensation Act, he/she is scheduled to compensate with land (land substitute compensation) and other detailed implementation standards are to be specifically announced at the time of requesting consultation on compensation for losses.”
C. Around December 2012, Defendant Corporation sent an instruction for consultation on compensation for losses to landowners within the instant project area, including the Plaintiff, and among them, matters relating to compensation by substitute land are as listed below.
In accordance with Article 57(1) of the Building Act and Article 80 of the Enforcement Decree of the same Act, among those who transfer land of not less than 60 square meters (60 square meters in the case of a residential area, and 200 square meters in the case of a green belt) to Defendant Corporation, the land to be determined by multiplying the supply price of the land to be used by the person who wishes to compensate by the substitute land by the average successful bid price of not more than 1,100 square meters in the land for commercial use, by the appraised price of not more than 90 square meters in the land for commercial use, the land to be used
D. On April 12, 2013, the Plaintiff and the Defendants: (a) on April 12, 2013, the instant land was owned by the Defendants.