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(영문) 서울고등법원 2012.08.16 2009나108223
채무부존재확인
Text

1. It is against the order of Paragraph 1 of the judgment of the first instance, including the plaintiffs' claims that have been reduced or expanded in the trial.

Reasons

1. The facts under the underlying facts may be found by each entry in Gap evidence 1, 77 through 79 (including each number), either in dispute between the parties or in accordance with either of them.

On February 6, 2006, the Defendant announced a road zone decision that, in order to implement the construction work to expand the parks from the Jung-gu Park Tunnels-dong, Jung-gu, Seongbuk-gu, Seoul to the Taedong dong dong dong dong dong (hereinafter “instant public works”), the Plaintiffs would be incorporated into a road zone of the building located in Sung-dong, Sung-dong, Sung-dong, Sung-dong, dong, etc., where the Plaintiffs had resided.

B. On March 21, 2006, the Defendant publicly announced the relocation measures for the extension of a park to ensure that one of the public rental apartments or housing relocation expenses is selected within the same district in the case of a tenant, who was accommodated in a house residing in accordance with the instant public works and lost the basis of living. In the case of a tenant, the Defendant publicly announced the relocation measures for the extension of a park to ensure that one of the public rental apartments or housing relocation expenses is selected, which is less than 60m2 in the same district.

C. From May 2006 to June 2006, Plaintiffs A and B made an application for special supply of an apartment unit occupancy among the above relocation measures. Accordingly, from May 2006 to June 2006, Plaintiff A and Korea Land and Housing Corporation (the Korea Land and Housing Corporation at that time was established by the Korea Land and Housing Corporation and the Korea Land and Housing Corporation was merged with the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act) and Plaintiff C, C, E, E, and F respectively with respect to each apartment unit located within the Gungdong Housing Co., Ltd. and each of these construction companies and each of these companies in the Sungnam Housing Site Development Zone, respectively, signed a sales contract with each of the apartment unit in the area of the site as stated in the “the unit sale price in the attached Form’s calculation sheet” to purchase the apartment unit in the area of the site “the unit ownership ratio” as the sale price in the “the final payment date.

The above-mentioned apartment is sold in lots.

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