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(영문) 수원지방법원성남지원 2012.09.05 2011가합20030
채무부존재확인
Text

1. The plaintiffs' housing zone development project zone for the defendant Nam-gu L, M, and Nwon Obban for the defendant.

Reasons

1. Basic facts

A. In accordance with the Act on Special Measures for the Construction, etc. of National Rental Housing, the Minister of Construction and Transportation designated and publicly announced PY L, M, and N G as a planned housing zone development project (hereinafter “instant development project”) pursuant to the Act on Special Measures for the Construction, etc. of National Rental Housing. On November 16, 2010, the Minister of Construction and Transportation approved the designation of a housing zone and the alteration of a district plan with respect to the instant development project.

B. The Defendant (the Korea National Housing Corporation and the Korea Land Corporation were merged with the Defendant on October 1, 2009; hereinafter “Defendant”) is the implementer of the instant development project, and as a countermeasure for the relocation of the people who lose their base of livelihood as a result of providing residential buildings to implement the instant development project, the land for detached houses to be developed within the instant development project zone was specially sold to them.

C. Accordingly, around October 201, the Plaintiffs concluded a sales contract with the Defendant to sell each area of the land indicated in the "area" column of the same calculation sheet in the annexed calculation sheet in the instant development project zone, among the detached housing land in the instant development project zone, with the amount indicated in the "sale price" column of the same calculation sheet as the sale price in each same calculation sheet (Provided, That the Plaintiffs E and Plaintiff F are limited to each contract for the shares of 1/2 only; hereinafter referred to as "each sales contract in this case").

As of the closing date of the pleadings of this case, the Plaintiffs paid each amount indicated in the separate calculation sheet “sale price paid” according to each sales contract of this case to the Defendant.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 to 12, purport of the whole pleadings

2. The laws, which form the basis for each of the instant contracts for sale in lots, are the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665, Oct. 17, 2007; hereinafter “former Public Works Act”). The Defendant is the Gu.

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