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(영문) 서울중앙지방법원 2012.07.17 2008가합60082

채무부존재확인

Text

1. The defendant stated the "amount of tolerance" in the attached Form for calculation of unjust enrichment on the remaining plaintiffs except the plaintiff A.

Reasons

1. Basic facts

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

B. On October 19, 2004, the Defendant announced the relocation measures for the instant project, and the main contents are as follows.

The base date for the public announcement of relocation measures for G urban development zones: On November 20, 2002: Provided, That on August 20, 2002, a tenant shall supply a apartment unit with an exclusive area of 60 square meters or less within the business area to a person who owns a house on his/her own land before the base date, and has continuously resided in the house concerned by the date of concluding a contract for consultation or the date of expropriation, as the criteria for the separate relocation measures for residential measures on August 20, 2002.

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 be supplied with an apartment unit with an area of 85 square meters or less within the business area.

(2) A non-resident who meets the requirements under paragraph (1) as of the base date shall have no house from the base date to the date of public announcement of a compensation plan.

참조조문