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(영문) 서울중앙지방법원 2013.05.22 2009가합106596

채무부존재확인 등

Text

1. The defendant falls under the "amount of tolerance" in the attached Form No. 3, D, F, G, H, I, J, K, M, andO, respectively.

Reasons

1. Basic facts

A. On November 10, 2000 square meters in Gangdong-gu Seoul Metropolitan Government, the designation and development plan of an urban development zone (title: U.S. development zone) was established by the Seoul Metropolitan Government’s public notice on November 10, 2003. The above U.S. development project (hereinafter “instant project”) was authorized on December 27, 2004. The Defendant was designated as the implementer of the instant project.

B. After publicly announcing a compensation plan on October 8, 2004, the Defendant publicly announced the criteria for relocation measures concerning the instant project (hereinafter “the criteria for relocation measures of this case”) on January 14, 2005, and the main contents of the criteria for relocation measures of this case are as follows.

[Public Notice of Criteria for Relocation Measures for Residents in the Urban Development Zone] The basis date for the relocation measures under Article 78 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 40 of the Enforcement Decree of the same Act: On July 9, 2003 (on April 9, 2003, the base date for the tenant is three months before the base date), the owner of a house on his/her own land who owns a house on his/her own land in the project zone before the base date and has resided in the relevant house until the date of conclusion of the agreement or the date of ruling of expropriation.

Provided, That a person who enters into a contract for consultation and voluntarily takes an action shall be supplied with not more than 85§³ of apartment units in the business area.

(2) Paragraph (1) shall apply mutatis mutandis to a person who has not owned a house on his/her own land before the base date and has not resided continuously in the business zone, if the former household member is homeless from before the base date of relocation measures to the date of public

The owner of a registered unauthorized building (1) who had been registered as a residence in the unauthorized Building Management Register within the business area before the base date and has resided in the relevant house continuously from the date of conclusion of the consultation or the ruling of expropriation shall be supplied with an apartment unit with an exclusive area of 60 square meters in the business

except that.