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(영문) 의정부지방법원고양지원 2019.10.11 2019가합70905

채무부존재확인

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1. All of the instant lawsuits shall be dismissed, including part concerning selective claims.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Fact-finding;

A. On August 24, 2004, the Governor of Gyeonggi-do designated and publicly announced the Plaintiff’s building project and the Defendant’s urban development project as an urban development zone (hereinafter “instant urban development zone”) with the area of KRW 987,940,000 in Goyang-gu, Manyang-si under Articles 3 and 9 of the Urban Development Act.

B. On January 17, 2005, the Plaintiff, as the owner of the plot of land D and four parcels (hereinafter the above five parcels of land added to the above five parcels of land, was granted the construction permit of the “E” (hereinafter referred to as the “instant building”), which is the first and second types of neighborhood living facilities of the first and fourth floors above the ground in the instant land, from the Goyang market.

Article 11 (1) 6 of the Urban Development Act is an association established by landowners in the instant urban development zone for urban development under Article 11 (1) 6 of the Urban Development Act, and registered the establishment of the association on November 9, 2004. The Gyeonggi-do Governor approved the development plan on August 30, 2005, approved the implementation plan on May 17, 2006, and promoted B urban development projects according to the replotting method within the instant urban development zone (hereinafter “instant urban development project”). As part of the instant land was incorporated into the site of the instant urban development project, the Plaintiff agreed to have the land reserved for replotting transferred from the Defendant.

The location of the instant urban development project district, the instant building, the land subject to the replotting, and the land scheduled for replotting shall be indicated in the attached Form.

(2) On March 25, 2009, the Plaintiff obtained a building permit again from the high-sea market to a design that includes the above reserved land for replotting, etc.

B. (i) The boundary line of the full-scale building site of this case and the urban development project district of this case are within dispute and agreement between the Plaintiff and the Defendant.