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(영문) 수원지방법원 평택지원 2018.09.19 2016가합10881

채무부존재확인 등

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1. The Defendant: 30,951,888 won to the Plaintiff’s Intervenor A; and 29,81,598 won to the Plaintiff’s Intervenor B; and each of the said money to the Plaintiff’s Intervenor B. < Amended by Act No. 15530, Mar. 3

Reasons

1. Facts of recognition;

A. On December 23, 2005, the head of Pyeongtaek-si designated the residents’ public inspection to designate Pyeongtaek-si D, E, F, G, and H as the housing site development zone, and on September 21, 2006, on September 21, 2006, the said area was designated as the “Gyeong-si J zone and planned housing site development zone” in accordance with the Housing Site Development Promotion Act. The Defendant’s housing site development project based on the Housing Site Development Promotion Act (hereinafter “instant housing site development project”).

(2) Around 2014, the Defendant, as part of the relocation measures for those who would lose their base of livelihood due to the expropriation of their ownership housing or land, etc., due to the implementation of the instant housing site development project, intended to specially supply the said housing site to them within the instant housing site development project zone, and publicly notify the said plan.

B. 1) The Plaintiffs are residents in the housing site development project district of this case, and are indicated in the “location No.” column in the attached Form 2 claim amount table as residents of the housing site development project district of this case (hereinafter “the instant migrants’ housing site”).

2) As to each contract for sale in lots with the Defendant (hereinafter “instant contract for sale in lots”).

2) The Plaintiff’s successor (including Plaintiff K) and Plaintiff B paid the Defendant the purchase price in accordance with the instant parcelling-out contract, as indicated in the table of the cited Amount in attached Form 2, to the Defendant, the full amount of the purchase price, and the remainder of the Plaintiffs (excluding Plaintiff K and B) paid part of the purchase price, respectively.

3) The Plaintiff’s succeeding intervenor succeeded to the rights and obligations relating to the housing site of migrants that Plaintiff K purchased from the Defendant from Plaintiff K. Accordingly, Plaintiff K withdrawn from the instant lawsuit, and the Plaintiff’s succeeding intervenor succeeded to the instant lawsuit. The Plaintiff’s succeeding intervenor did not have any dispute as to the ground for recognition. 【The Plaintiff’s succeeding intervenor did not have any dispute, and Nonparty A’s evidence Nos. 1 through 28 (if available, numbered