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(영문) 수원지방법원성남지원 2015.08.26 2012가합201126
채무부존재확인
Text

1. The defendant,

A. 33,544,791 won to Plaintiff A and 5% per annum from December 21, 2012 to August 26, 2015.

Reasons

1. Basic facts

A. On October 28, 2004, the Sungnam City announced a public announcement of the opinions of the residents for the designation of the district district for the national rental housing complex located in Seongbuk-gu, Sungnam-gu, Sungnam-dong, Sungwon-dong, Jeonwon-dong, Jeonwon-dong, Jeonwon-dong, and Seowon-dong, Seowon-dong (Public Notice No. 2004-535 of Sungnam-si).

B. On June 26, 2006, the Minister of Construction and Transportation, under Article 5 of the former Act on Special Measures for the Construction, etc. of National Rental Housing (amended by Act No. 8014, Sep. 27, 2006; hereinafter “former National Rental Housing Act”), designated the district designated as the district for national rental housing complex (the district designated as above is referred to as the “instant project district,” and the said project is referred to as the “instant project”), the Korea National Housing Corporation (the Korea Land Corporation was merged with the Korea Land Corporation on Oct. 1, 2009 and became the Defendant on Oct. 1, 2009) as the implementer of the instant project, and publicly notified it (No. 2006-219, the Ministry of Construction and Transportation announced publicly).

C. The defendant is in accordance with the former Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Act No. 8665, Oct. 17, 2007; hereinafter "former Public Works Act") on February 29, 2008.

From October 28, 2004, as of October 20, 2006, the date of public announcement of the initial compensation plan from the base date to October 20, 2006, a residential building (including an unauthorized building before January 24, 1989, which is not registered on the building management ledger for a development restriction zone) under Article 18 of the Building Act is owned in the instant project district and continuously resided in the instant project district, and a person who has been removed pursuant to the instant project has established measures to take measures to specially supply households with an exclusive area of 86 square meters or less at the same price as the sale price by general sale among apartment units to be newly constructed by the implementation of the instant project.

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