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(영문) 서울고등법원 2016.04.01 2012나101987 (1)

채무부존재확인

Text

1. Of the judgment of the court of first instance, the Plaintiffs and the Intervenor succeeding to the Plaintiff indicated in the Plaintiffs’ Schedule rejecting the appeal No. 2.

Reasons

1. Basic facts

A. On February 25, 2004, the development plan was designated by the Eunpyeong-gu Seoul Metropolitan Government public notice K as an urban development zone (title: L urban development zone) under the Urban Development Act on February 25, 2004, and the Defendant was designated as the implementer of the said urban development project (hereinafter “instant project”).

On the other hand, the date when the above HI Dong and JJ Dong announced the residents' public inspection to designate the land as an urban development zone is January 15, 2004.

B. Accordingly, on October 19, 2004, the Defendant publicly announced the relocation measures concerning the instant project (hereinafter “instant relocation measures”), and the main contents are as follows.

The base date for the public announcement of relocation measures for L urban development zones: On November 20, 2002, a tenant on August 20, 2002, who owned a house on his/her own land based on the criteria for the relocation measures for the classification of residential measures on August 20, 2002, which is three months before the base date; ① a tenant who owned a house on his/her own land before the base date, and has continuously resided in the relevant house by the date of conclusion of the agreement or the date of adjudication of expropriation, shall supply a

Provided, That a person who has consulted on compensation and voluntarily transferred shall be supplied with an apartment unit with an area of 85 square meters or less within the business area.

(2) Paragraph (1) shall apply mutatis mutandis where all members of the household who meet the requirements referred to in paragraph (1) and as of the base date are homeless outside the business area from before the base date to the public notice of a compensation plan

(3) The owner of an unauthorized building registered omitted (1) owns an unauthorized building registered as a residence on the ledger for management of unauthorized buildings within the business area from the base date to the date of conclusion of a contract for consultation or the date of adjudication of expropriation, and supplies an apartment unit with an area for exclusive use by its occupant in the business area, to a person who continues to reside in the relevant house.

Provided, That a person who has consulted on compensation and voluntarily transferred shall have an area not exceeding 85 square meters in the business area.

참조조문