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(영문) 서울중앙지방법원 2012.09.14 2009가합39290
채무부존재확인
Text

1. The lawsuit in this case by the plaintiff A, B, C, D, E, F, and G shall be dismissed.

2. The defendant is in the annexed Form (2) "Plaintiff" in the annexed Form.

Reasons

1. Basic facts

A. On February 25, 2004, the development plan was designated by the Eunpyeong-gu Seoul Metropolitan Government public notice K on February 25, 2004 as an urban development zone (title: L urban development zone) under the Urban Development Act, and the Defendant was designated as the implementer of the said 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.

(L urban development zone relocation measures base date): On November 20, 2002, but on August 20, 2002, a tenant can supply a apartment unit with exclusive use area of 60 square meters or less to a person who owns a house on his/her own land from before the base date to the date of conclusion of a contract for consultation or the date of expropriation decision 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 a household who meet the requirements referred to in paragraph (1) and as of the base date are homeless outside of a house within the business area from before the base date to the public announcement

(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 person who meets the requirements referred to in paragraph (1) and is not a resident as of the base date shall be entitled to compensation from before the base date.

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