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(영문) 서울고등법원 2017.08.24 2016나2070476
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the funds ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Korea Land and Housing Corporation, which obtained approval from the Minister of Construction and Transportation on December 7, 2006 for the amendment of the development plan and the implementation plan, was the implementer of the Housing Site Development Project in Southyang-ju District (hereinafter “instant project”). On May 207, the Korea Land and Housing Corporation recruited subscribers for the instant project on November 23, 2007, on the land corresponding to the housing site for the migrants for detached houses, among the instant project sites, for which the amendment of the development plan and the implementation plan were approved on May 2007. The main contents of the instant project are as follows.

Matters concerning the basic matters related to the construction, the floor area ratio of the building-to-land ratio for the use of the building, the number of floors and the number of detached houses (the combined use of stores) to not more than 60%, but not more than 3 households per parcel.

(e) Since the development project is in progress, the land use plan can be modified by later modification of the development plan or implementation plan, etc., and the purchaser shall be the number of buyers, such as the drilling and excavation survey of cultural heritage, changes in the conditions of the formation of infrastructure, restrictions on the use of land and the use

(f) In order to apply for parcelling-out, the notice of this notice, the matters subject to the application for purchase, restrictions on the applicable laws and regulations concerning land use, development plans and implementation plans (including district unit planning) shall be made in advance, and the responsibility not confirmed shall be the buyer.

(g) The buyer shall conclude a contract on the condition that he accepts it on his own after directly ascertaining the creation plan, current status (e.g., shape, height, earth and rock, legal surface, stone axis and potteries, construction plan, ground plan, etc.) of the land and conditions outside the project district.

(j) Pursuant to Article 51 of the National Land Planning and Utilization Act, the southyang-juO district shall comply with the district unit planning (including any modifications) at the time of construction as a Class 1 district unit development zone, and the matters which are not mentioned here are the Building Act.

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