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(영문) 수원지방법원성남지원 2014.08.20 2014가합200738
분양(매매)대금 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 26, 2001, the Minister of Construction and Transportation designated approximately KRW 9,376,000 square meters in the area of housing site development pursuant to the Housing Site Development Promotion Act as a district of housing site development in Seongbuk-gu, Sungnam-si (hereinafter “Seoul-si”). The Korea National Housing Corporation, the Korea Land Corporation (the above Korea National Housing Corporation and the Korea Land Corporation were merged on October 1, 2009, and the Korea Land Corporation became the Korea Land Corporation; hereinafter “Korea Land Corporation and the Korea Land Corporation”) did not distinguish the above Korea Housing Corporation and the Korea Land Corporation (hereinafter “Korea Land Corporation”) from the merger before and after the merger, concluded the “Joint Basic Convention on the Implementation of the Korea Land Corporation of the Korea Land Corporation and the Korea Land Corporation” on September 8, 2003, and received the approval of the housing site development plan from the Minister of Construction and Transportation on December 30, 2003.

B. On April 28, 2006, the Defendant entered into a transfer agreement (hereinafter “instant transfer agreement”) with the Korea Land and Housing Corporation, and the Korea Land and Housing Corporation entered into a transfer agreement with the Defendant to pay the amount of KRW 2,037,228/m28 (2,247,833/m2) in return for the creation of urban support facilities site, etc. among the public facilities site for the development project of the said shopping district to December 2009.

On July 14, 2006, the Defendant ordered the land transferred pursuant to the above agreement to be the “Pedhyeong River”, and subdivided the specific purpose into the “Bedan Research Site,” “General Research Site,” “Research Support Site,” and “parking lot site,” and made a public announcement of land supply (hereinafter “public announcement of land supply”) in order to supply the said land to companies specialized in each of the above purposes.

The contents related to this case in the public notice of land supply are as follows.

Public announcement of the secondary service of urban support facilities in the zone for the development of a master's housing site;

7. Matters specially agreed on the public support facilities.

(a) for SC-1, at least 50 per cent of the total floor area shall be research and business facilities, and at least 20 per cent of the total floor area shall be the Central Center, the Data Center, and

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