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(영문) 서울고등법원 2014.12.18 2012나100274

채무부존재확인

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall set forth in attached Table 3 calculation table 1, the plaintiff or the defendant.

Reasons

1. Basic facts

A. At the time, on December 6, 2003, the Minister of Construction and Transportation (former, the Minister of Land, Infrastructure and Transport) designated and announced B, C, A, and B as a planned area for the development of a housing site in accordance with the Housing Site Development Promotion Act (hereinafter referred to as the “instant housing site development project”). At that time, the executor of the instant housing site development project was designated and announced as the Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged on October 1, 2009 and became the Defendant; hereinafter referred to as the “Defendant”), and around November 26, 2004, the operator of the instant housing site development project designated and announced the alteration of the designation of the planned area for the development of a housing site and the approval of the housing site development plan.

B. The Defendant, as a countermeasure for the relocation of the people who lose their residential base due to the expropriation of their own housing or land as they were incorporated into the housing site development project district of this case, decided to sell to them the land for detached housing to be developed within the housing site development project district of this case.

C. From August 25, 2009 to April 201, the Plaintiff and the Intervenor succeeding to the Plaintiff entered into a sales contract with the Defendant on the condition that the land located on each lot number stated in the “object of sale” column of attached Table 2 of the instant housing site development project site within the instant housing site development project zone will be sold in lots with each amount indicated in the “sale price” column of attached Table 2 of the same Table as the sale price (hereinafter “each sales contract of this case”), and the parties succeeding to the rights and obligations of each of the instant sales contracts from the buyers.

Plaintiff

In accordance with each of the instant sales contracts, the Plaintiff’s succeeding intervenors paid all the sales price to the Defendant by the date indicated in the “final payment date of the sales price” column of attached Table 2.

[Ground of recognition] Facts without dispute, entry of Eul evidence No. 18, purport of the whole pleadings

2. The defendant's assertion by the plaintiff and the intervenor succeeding to the plaintiff is the housing site development business of this case.