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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The F land and G land in the Jinhae City were changed from August 2, 1963 to “the site” to “the Ministry of National Defense,” and on August 22, 1963, the land category of the F land in the Jinhae City was changed to “the site”; on December 5, 1966, G land was registered for preservation of ownership on December 5, 196 to “the site”; on the other hand, F land and G land in the Jinhae Sea were used for about 40 years as the site of the E facilities of the D institution (hereinafter “E”), and on September 25, 2006, Jinhae City acquired the ownership of the E site including the F land and other land in the Jinhae Sea.
3) On June 5, 2008, the Gyeongnam-do governor publicly announced the decision of the Jinhae-si Urban Management Plan (Seoul-do public notification I), which included the “decision of the H district unit planning zone” that alters the specific use area of F land, etc. from “general industrial area” to “general residential area, quasi-residential area, and general commercial area.” (4) on March 9, 2011, Changwon-si acquired the ownership of G land at the time of Jinhae-si and Jinri-si, and on March 22, 2011, each land listed in the attached Table 1 list from the said F land and G land was divided.
5) On April 15, 2011, Changwon-si: (a) made a public notice of bid for the sale of public property on the land and buildings listed in the attached Table 1 list; (b) concluded a sales contract to purchase KRW 94,501,118,80 on May 25, 201 after the Plaintiff’s sole bid; and (c) transferred ownership of the land, buildings, etc. listed in the attached Table 1 list at Changwon-si on July 25, 201. (b) At the time of the conclusion of the said sales contract, the Plaintiff established a district unit plan within six months after the acquisition of the site and submitted it at Changwon-si; and (d) accordingly, the Plaintiff established a district unit plan prior to the establishment of the district unit plan; and (e) purchased the site on November 25, 201.