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Reasons
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(영문) 수원지방법원성남지원 2009.11.30 2006가합11032
채무부존재확인
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1. The plaintiff in Sungnam-si

1. A,

2. B,

3. C,

4.D,

5. E,

6.F;

7. G,

8. H:

9. I, 10. J, 14. K, 15. L, 16. M, 17. N, 18.O.

Reasons

1. The following facts may be acknowledged in full view of the whole purport of the pleadings in each of the statements in Gap evidence Nos. 1 to 27, 30, 40, and 43 (including branch numbers).

On February 6, 2006, the preliminary defendant decided to perform the construction work of expanding the park area, which was decided as SP as SP publicly announced on February 6, 2006. On March 22, 2006, the preliminary defendant announced the construction work of expanding the park construction to allow the plaintiffs who lose their base of living due to expropriation of their owned houses or land, etc. as part of the relocation measures in case of a housing owner to select one of the sale apartment or the relocation settlement money of not more than 85§³ within the T site development zone in case of a housing owner, and the tenant to choose one of the sale apartment or relocation expenses of not more than 60§³ within the said zone in case of a tenant.

B. On June 28, 2006, the Plaintiffs entered into a contract for the sale of each apartment with the primary Defendant, the seller of which, in accordance with the above public announcement of the relocation measures, as to the sale price of each apartment among the U apartment in the development district of the T site development zone (hereinafter “each apartment of this case”), as in the same amount as the "sale price in lots" column of the attached Table as the general sale price.

C. The Plaintiffs paid the same amount as the sale price in the attached Form No. 3 of the calculation sheet to the primary Defendant as the sale price under each of the above sales contracts.

2. Determination

A. The primary defendant's claim is that the primary defendant is the project operator who received a request from the preliminary defendant for the special supply of housing, and the plaintiffs bear the necessary expenses for basic living facilities according to the relevant regional conditions, such as roads, water supply facilities, drainage facilities, and other public facilities, etc. in the resettlement settlement area pursuant to Article 78 (4) of the Public Works Act, but the plaintiffs bear the same expenses as the general sale price in accordance with each of the sales contracts in this case. The primary defendant is equivalent to

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