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(영문) 수원지방법원성남지원 2009.11.30 2007가합4369

채무부존재확인

Text

1. The amount stated in the “amount of unjust enrichment” in the attached calculation sheet to Plaintiff G and H, Sungnam-si, as well as in this regard.

Reasons

1. The following facts may be acknowledged in full view of all the statements in Gap evidence 1, 2, Eul evidence 4, Eul evidence 13, Eul evidence 14-1, Eul evidence 14, and the whole purport of the pleadings.

On February 6, 2006, the defendant Sungnam-si decided to perform construction works for expansion of a park zone as determined by the Sungnam-si's announcement No. 2006-14, and on March 22, 2006, upon incorporation into the above construction zone, the defendant ordered the plaintiffs who lost their living base due to expropriation of the housing or land, etc. as part of relocation measures, to take part of relocation measures for the owner of a house, the defendant issued a public announcement of relocation measures for extension of a park with a view to selecting one out of the sale apartment right or relocation cost of not more than 85§³ within the Sungnam-si Housing Site Development Zone, in the case of a tenant, the right to occupy an apartment unit or relocation cost of not more than 60§³ within the said zone

B. According to the public announcement of the above relocation measures, the Plaintiff A, B, C, D, E, and F entered into each apartment sale contract with the Defendant Korea Land and Housing Corporation, and the Plaintiff G and H entered into each apartment sale contract with the Defendant Pungdong Housing Co., Ltd. with respect to each apartment unit within the development district of the Sung-nam Housing Site Development District (hereinafter “each apartment unit of this case”).

C. By May 15, 2008, the Plaintiffs paid to Defendant Korea Land and Housing Corporation and Pungsung Housing Co., Ltd. the same amount as the sale price in the attached Form No. 300,000, as the sale price under each of the above sales contracts.

2. Determination

A. Since the plaintiffs' assertion is requested to specially supply housing, the defendant Sungnam-si, a project implementer, bears the cost required for basic living facilities according to the relevant local conditions, such as roads, water supply facilities, drainage facilities, and other public facilities, etc. in the resettlement settlement area pursuant to Article 78 (4) of the former Public Works Act. However, the defendant Korea Land and Housing Corporation and the wind housing corporation.