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(영문) 대구고등법원 2015.07.23 2014나23486

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Minister of Construction and Transportation designated the G Development District (hereinafter “instant District”) from Kimcheon-si C, D, E, and F Il-sol for the purpose of constructing an innovation city to relocate a public agency, and designated and publicly announced the Korea Land Corporation and the Defendant as the project implementer.

B. On May 27, 2009, the Korea Land Corporation and the Defendant published a supply announcement to supply land for neighborhood living facilities within the instant district to persons eligible for the supply of land for countermeasures against daily life.

【Main contents of May 27, 2009 supply announcement】 10. Matters concerning land use and transfer of ownership, etc.

(a) Consent to land use is available after the date of land use (as of October 30, 2012) only when full payment of the purchase price has been made.

Provided, That it may be somewhat changed according to the progress of the site development project, such as the excavation and inspection of cultural heritage.

B. The transfer of ownership is possible after the full payment of the purchase price is made and the cadastral and the registration schedule is completed following the completion of a site development project (pre-determined after December 31, 2012).

12. Other matters requiring attention.

(a) In applying for parcelling-out, prior perusal and confirmation (including subsequent modifications) of all relevant laws and regulations and construction-related laws and regulations (including Municipal Ordinances) regarding this public notice, matters with regard to the application for purchase, development plans and implementation plans, various impact assessment contents, such as environmental and traffic impact assessment contents, district unit planning, energy use plans and land use, and the responsibility arising from failure to comply with them shall be the buyer;

(f) The purchaser shall conclude a contract under the condition that he/she approves it after directly ascertaining the creation plan and current status of land (such as the shape, height, soil, rock, rock, the surface of the earth, whether a retaining wall has occurred, a construction plan and ground plan, etc.) and the conditions of the location inside and outside of the project district;

(l) The development plan, approved books and sales-related books are kept in the Gyeongbuk Innovation City Construction Group of the Korea Land Corporation, which is time for perusal, and restrictions on construction in terms of district unit planning.