logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2012.03.28 2011가합3745
채무부존재확인
Text

1. All the claims of the plaintiffs and the plaintiff succeeding intervenor are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs and the plaintiffs.

Reasons

1. Facts of recognition;

A. Pursuant to Article 3(1) of the former Act on Temporary Measures for the Improvement of Residential Environments of Low-Income Urban Areas (repealed by Article 2 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Act No. 6852, Dec. 30, 2002; hereinafter “former Temporary Measures Act”), the Mayor of Incheon Metropolitan City shall designate the area of 85,119mm2 as a F residential environment improvement district on January 13, 1997.

6. On October 22, 1999, the Nam-gu Incheon Metropolitan City Special Metropolitan City G 58,674 square meters were designated and publicly announced as H residential environment improvement district, respectively. On October 22, 1999, the said two districts were integrated and part of the surrounding areas (I), and the designation and public notification was made of the 180,39 square meters of Seoul Special Metropolitan City J, I, and G as K residential environment improvement district (hereinafter “instant project district”).

B. On September 28, 2001, the head of Nam-gu Incheon Metropolitan City changed the area of the instant project district to 192,607 square meters in the residential environment improvement plan of the instant project district pursuant to Article 6(5) of the former Temporary Measures Act, and designated the Korea National Housing Corporation (the Defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009; hereinafter referred to as the “Defendant”) as the implementer of the residential environment improvement project in the front improvement area (hereinafter “instant project”).

C. Around November 2002, the Defendant obtained approval from the Mayor of Incheon Metropolitan City for the housing construction project plan to build multi-family housing (public lease and public sale) in the project district of this case, and subsequently obtained approval for modification of the housing construction project plan to change the area of the site on July 2008.

On July 9, 2008, the head of Nam-gu Incheon Metropolitan City approved the housing supply standards for the housing construction project plan of the defendant that constructs apartment units 3,208 households (L apartments, public sale 2,355 households, public lease 673 households) in the project district of this case, and the defendant has sold housing below the housing unit in accordance with the above housing supply standards.

arrow