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(영문) 인천지방법원부천지원 2012.02.14 2009가합9613

채무부존재확인

Text

1. The plaintiffs and the succeeding intervenors within the "X Housing Site Development Project Zone" in the Kimpo-si U, V, and W.

Reasons

1. Basic facts

A. The Korea Land Corporation (the Defendant was merged with the Defendant established on October 1, 2009; hereinafter “Defendant”), regardless of whether before or after the merger, is the implementer of the “X Housing Site Development Project” (hereinafter “the instant project”), which is the “X Housing Site Development Project” (hereinafter “the instant project”). On October 29, 2007, after obtaining approval of the modification of the housing site development plan and the implementation plan, was approved by the Minister of Land, Transport and Maritime Affairs on May 2009.

B. The Defendant, as a part of the relocation measures for the residents who lost their residential base due to the expropriation of their own housing or land as a result of the incorporation of housing into the instant project district, intended to specially sell the unsettled housing site in the project district to be developed by the implementation of the instant project to those selected as a person subject to the relocation measures.

C. As residents of the project district of this case, the Plaintiffs entered into a sales contract with the Defendant (hereinafter “each sales contract of this case”) with the amount indicated as “the total purchase price under the No.S. sales contract” as the sale price for each housing site indicated as the attached Table 1 calculation sheet as residents of the project district of this case, or succeeded to the rights and obligations under the sales contract from the buyer prior to the filing of the lawsuit of this case.

During the pending litigation of this case, the succeeding intervenor R agreed with the Plaintiff Q, and the succeeding intervenor T agreed with the Plaintiff and the Defendant to succeed to the rights and duties related to the housing site of migrants that the said Plaintiffs purchased from the Defendant.

Accordingly, the aforementioned Plaintiffs withdrawn from the instant lawsuit on January 10, 2012, and the said Intervenor succeeded to the instant lawsuit on the same day.

E. The plaintiffs and the successor shall pay the defendant the amount stated in the corresponding column of the "amount payable by each individual" by the date indicated in the corresponding column of attached Table 1 calculation sheet.