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(영문) 서울중앙지방법원 2012.07.27 2011가합29548 (1)

채무부존재확인

Text

1. 피고는 별지2 부당이득계산표 ‘② 원고들’란 기재 원고들에게 같은 표 '⑨ 최종...

Reasons

1. Basic facts

A. On May 7, 2005, the land size of 217,997 square meters in Songpa-gu Seoul Special Metropolitan City is designated as a district for the national rental housing complex under the Act on Special Measures for the Construction, etc. of National Rental Housing, according to D public notice of the Ministry of Construction and Transportation on May 7, 2005, the designation and alteration was made and the approval of the implementation plan was made pursuant to E public notice of the Ministry of Construction and Transportation on December 29, 2005, and the Defendant was designated as the implementer of the above

B. On June 20, 2006, the Defendant publicly announced the compensation plan and the relocation measures regarding the instant project (hereinafter “instant relocation measures criteria”), and the main contents are as follows.

1. The base date for relocation measures: On December 6, 2004, the tenant is subject to the relocation measures on his/her own land as of September 6, 2004, which is three months prior to the base date: A person who has owned and resided in a house on his/her own land in the relevant district continuously from before the base date to the date of conclusion of the agreement or the ruling of expropriation: A person who has entered into an agreement: A right to move into an apartment unit with an area of 60 square meters or less in the relevant district: Provided, That a person who enters into an agreement and voluntarily moves into an agreement shall be granted a right to move into an apartment unit with an area of 85 square meters or less in the area of the permitted house in the public register, and a person who enters into an agreement and voluntarily takes occupancy of an apartment unit with an area of 1

A person eligible for a housing owner as of the date of public announcement of a compensation plan for acquisition after the base date: A person who acquired a house of the relevant district as of the date of public announcement of a compensation plan for acquisition after the base date and owned and resided in the relevant house as of the date of conclusion of the compensation plan or the date of adjudication of expropriation, and has continuously resided in the relevant house from the base date to the date of public announcement of the compensation plan to the date of public announcement of the compensation plan: A rental apartment house right