1. Revocation of the first instance judgment.

2. According to the selective claims added by this court, the defendant shall give the plaintiff the ruling.

1. Basic facts

A. The Defendant, as the executor of the B Industrial Complex Development Project (hereinafter “instant public works”) and the industrial complex created by the instant public works, purchased through consultation on the said land at KRW 43,771,00,00 for compensation, pursuant to the former Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 11017, Aug. 4, 201; hereinafter “Land Compensation Act”), to implement the said public works. The Defendant completed the registration of ownership transfer on the said land on August 11, 2008 with respect to the said land as a result of consultation.

B. On November 13, 2009, the original land of this case was divided into D large 238 square meters (hereinafter “instant land”) and E large 243 square meters (hereinafter “instant incorporated land”).

C. After the instant incorporated land was reported on the implementation of the land development project on February 15, 2012, the Defendant: (a) on May 26, 2016, based on the two-stage completion authorization for the construction of the instant industrial complex on May 26, 2016, the incorporated land was combined with H Park 694.4 square meters in Jinju-si; (b) I road 290.4 square meters in size; and (c) J Park 1975.3 square meters in size; and (d) the incorporated land was closed on June 24, 2016 due to the closure of the land development project as of June 14, 2016.

At present, it is used as a site for the industrial complex of this case.

On the other hand, the land of this case is not used for the industrial complex of this case after the completion authorization of the industrial complex of this case, and the defendant manages it as administrative property.

E. On May 8, 2018, the Plaintiff deposited KRW 21,658,00 of the instant land as the principal deposit on the ground of the exercise of a redemptive right under Article 91 of the Land Compensation Act, etc. by Jinwon District Court Decision 2018, May 8, 2018 (No. 43,771,00 won for the original land x 238 square meters for the original land area x 481 square meters for the original land area / 481 square meters for the original land) and the Plaintiff deposited the instant claim and the cause of the claim.