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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. In the first instance court, the Plaintiff filed a claim against the Defendant for the implementation of the procedure for the registration of transfer of ownership based on repurchase as to the portion of the land Nos. 1 and 3 and the land No. 2 of this case, and filed a claim for damages arising from the extinguishment of the right of repurchase as to the portion of the land No. 2 of this case. The first instance court dismissed the main claim and the conjunctive claim as to the portion of the land No. 1 and 3 of this case, and accepted the conjunctive claim as to the portion of the land No. 112/244 among the land No. 2 of this case, and accepted the claim as to the portion of the land No. 2 of this case 132/244.
Since only the defendant filed an appeal, the subject of the judgment of the court is limited to the conjunctive claim for shares out of the land No. 2 of this case 112/244 and the claim for shares out of the land No. 2 of this case 132/244.
2. Basic facts
A. In accordance with the Act on the Maintenance and Improvement of Road of Agricultural and Fishing Villages, the Defendant, as a project implementer of the E-Road Expansion and Packing project (hereinafter referred to as the “Road project in this case”), was running the road project in this case from January 2000 to December 2005, by expanding and packaging the existing village farming route leading to the point of F. 6 in both cities from the point of 56th of both cities to the point of 6th of both cities.
B. On April 16, 2003, the Defendant purchased from the Plaintiff the instant land Nos. 1 through 3 (hereinafter referred to as “each of the instant land”) pursuant to the former Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 6916 of May 29, 2003), and purchased land from the Plaintiff pursuant to the former Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (amended by Act No. 6916 of May 29, 2003), as compensation, KRW 3,304,00 for the instant land, and KRW 31,232,00 for the instant land No. 2, and KRW 3