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(영문) 의정부지방법원고양지원 2016.01.22 2010가합5786
채무부존재확인
Text

1. The defendant, the plaintiff A, the plaintiff A, and the plaintiff B, the 7,329,711 won, the plaintiff C, the 12,609,974 won, and the plaintiff's successor.

Reasons

1. Basic facts

A. On December 31, 2004, the Minister of Construction and Transportation, as notified E of the Ministry of Construction and Transportation, designated the Seoyang-gu F, G, H, I, J, K, L, and M as a district subject to N Housing Site Development under the Housing Site Development Promotion Act (hereinafter “instant project district,” and “N Housing Site Development Project”. Around that time, the project implementer designated the Korea Land Corporation (the Defendant comprehensively succeeded to the rights and obligations of the Korea Land Corporation on October 1, 2009; hereinafter “Defendant”) and publicly notified the project implementer as an O of the Ministry of Construction and Transportation on January 11, 2006.

B. The Defendant provided residential buildings or land for the implementation of the instant project to take measures for the relocation of those who are deprived of their base of livelihood as a result of providing residential buildings or land, etc., and decided to specially supply migrants’ housing sites within the instant project district (hereinafter “instant migrants’ housing site”).

다. 피고는 별지 계산표의 ‘가지번’란 기재 각 이주자택지에 관하여 특별분양자들인 원고들과 분양계약(이하 ‘이 사건 각 분양계약’이라고 한다)을 체결하였고, 원고들은 별지 계산표의 ‘⑪ 최종납입일’란 기재 각 일자에 분양대금을 완납하였다. 라.

The plaintiffs and the plaintiff succeeding intervenors are buyers under each of the sales contracts of this case or those who acquired their status.

E. In accordance with Article 17 of the established rules on the establishment and implementation of relocation measures (hereinafter “established rules on relocation measures”), the Defendant: (a) determined the unit price of supply per 1 square meter after calculating the supply price of the housing site for the instant migrants pursuant to Article 17; (b) determined the unit price of supply per 1,757,752 won (the method of calculating the unit price for sale stipulated in the established rules on relocation measures is as indicated below); and (c) determined that the supply price may be differentiated depending on the individual characteristics of the housing site for migrantss pursuant to Article 17(3) of the established rules on relocation measures, the location

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