logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.11.27 2011나98947
채무부존재확인
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A shall be modified as follows:

The defendant is the successor of the plaintiff A.

Reasons

1. Basic facts

A. On August 31, 2004, the Minister of Construction and Transportation designated and publicly announced H, I, and J members as prospective housing site development areas (hereinafter “instant project district”) and designated the project implementer of the relevant housing site development project (hereinafter “instant housing site development project”) as a project implementer of the Korea Land Corporation (the Korea Land Corporation was newly established and merged with the Korea National Housing Corporation on October 1, 2009, and the Defendant was collectively designated and publicly announced as the project implementer of the said housing site development project (hereinafter “the instant housing site development project”).

The instant housing site development project was approved on December 13, 2006 on the development plan, October 29, 2007, the amendment of the development plan and approval of the implementation plan, and the amendment of the development plan and the implementation plan on November 3, 2008, respectively.

B. The Defendant, while implementing the instant housing site development project, intended to specially supply a detached house to the persons selected as a person subject to relocation measures as part of the relocation measures for those who have lost their base of living due to the expropriation of their owned housing or land as they were incorporated into the instant project district, as part of the relocation measures.

(hereinafter) The Defendant’s housing site to be specially supplied to the person subject to the relocation measures for the housing site development project of this case is “the housing site for the migrants of this case.

The established rules on the establishment and enforcement of relocation measures, which are internal regulations of the defendant, (hereinafter referred to as the "established rules of this case") provide for the supply of housing sites to persons subject to relocation measures as follows:

In principle, the scale of supply of multi-resident housing sites under Article 16 (Scale of Supply) of the established rules of this case shall be based on 165 square meters or 265 square meters per parcel.

Provided, That the foregoing shall not apply where it is inevitable in consideration of the conditions of the relevant project district, such as the conditions of the land use plan and the efficiency of land use, the trend of the real estate market in the relevant area, etc.

Article 17 (Supply Price) (1) The unit supply price of a housing site for migrants shall be calculated in accordance with the following standards:

1. Seoul Metropolitan area and Metropolitan City areas: Subparagraph 1 of attached Table 2.

arrow