beta
(영문) 인천지방법원 2014.02.11 2011가합13865

채무부존재확인

Text

1. The sale contract between the plaintiffs and the defendants for the migrants of the Incheon Free Economic Zone G Free Economic Zone G is based on the sale contract of the housing site.

Reasons

1. Basic facts

A. The former Act on Designation and Management of Free Economic Zones (amended by Act No. 6835, Dec. 30, 2002; hereinafter “former Free Economic Zone Act”) was enacted on December 30, 2002 and came into force on July 1, 2003. The Minister of Finance and Economy, as the public notice of the Ministry of Finance and Economy on August 11, 2003 pursuant to Article 4(4) of the former Free Economic Zone Act, designated the FF District of Incheon Jung-gu D and E as the Incheon Free Economic Zone.

B. On December 5, 2006, the Minister of Finance and Economy approved and publicly notified the implementation plan for the development project of the development project of the Incheon Jung-gu Incheon Metropolitan Government F District Free Economic Zone (hereinafter “instant development project”) where the F District of the F District of the Seoul Jung-gu and E is the project site, and the defendant Incheon Metropolitan City Urban Development Corporation and the Korea Land and Housing Corporation (the Korea National Housing Corporation and the Korea Land and Housing Corporation were merged with the defendant Korea Land and Housing Corporation on October 1, 2009; hereinafter “the defendant Land and Housing Corporation”) were selected as the project implementer of the said development project.

C. Around that time, the Defendants publicly announced a compensation plan for the special supply of the land for detached houses to be developed within the development project area of this case as part of the relocation measures for those who lost their means of livelihood due to the expropriation of their owned housing, etc. (hereinafter “persons subject to relocation measures”). D.

Article 16 of the Regulations on the Establishment and Implementation of Relocation Measures, which is an internal provision established by the Defendant Korea Land and Housing Corporation, provides that “In principle, the scale of supply of multi-resident housing sites shall be supplied on the basis of 165 square meters or 265 square meters per parcel.” Article 17 of the said Rules provides for the method of calculating the unit price of supply of multi-resident housing sites. The contents of Article 17 of the said Rules are as follows.

The unit cost of supply of a resettled housing site shall be calculated by calculating the arithmetic mean by the formula in subparagraphs 1 and 2, but the unit cost of supply calculated shall be the same: