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(영문) 대전고등법원 2015.01.21 2012나10230

채무부존재확인 등

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1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall pay to the Plaintiff KRW 24,292,863 and its related amount.

Reasons

1. Basic facts

A. On December 18, 200, Seo-gu, Daejeon District, Do-dong, Do-dong, Seodong-dong, Yusung-dong, Yusung-dong, Suwon-dong, Kusung-dong, party Dong-dong, Dong-dong, Taamam-dong, Dong-dong, Dong-dong, and Dong-dong were designated as a district for the housing site development (hereinafter “instant project district”). The Korea Land Corporation and Daejeon Urban Corporation designated as a joint project implementer for the instant project district and the Daejeon Urban Corporation implemented the Daejeon Housing Site Development Project (hereinafter “instant housing site development project”) in the said project district, subject to the project approval as follows:

On October 2009, the Korea Land Corporation merged with the defendant and succeeded to the rights and obligations of the Korea Land Corporation.

The second designated housing site development zone 2001-12-209, the second designated housing site development zone 2003-12-12-16, and the second designated housing site development plan 2005-05-31 of the housing site development zone 2000-12-16 shall be announced in a daily newspaper at that time, and at that time, the Minister of Land, Transport and Maritime Affairs shall approve the implementation plan 2007-04-195 with the notification of compensation plan 2006-06-06 and the approval of the modification of the development plan 2005-19 (Public Notice No. 2005-195 of Daejeon Metropolitan City No. 2007-105 of the Ministry of Construction and Transportation Notice No. 2007-11-09 of the Housing site development zone 2007-471 of the Ministry of Construction and Transportation), the modification and alteration of the housing site development plan 208-2108(public notice).

B. The Defendant, as the instant housing site development project is incorporated into the instant project zone, intended to preferentially sell the migrants’ housing site to be developed within the instant project zone as relocation measures for those who have lost their means of living due to the expropriation of their owned housing or land, etc.

C. Accordingly, the Defendant concluded a sales contract on the housing site for migrants (hereinafter “each sales contract of this case”). The Plaintiff entered into a sales contract on May 2, 201 with the Defendant prior to the instant lawsuit.