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(영문) 서울고등법원 2016.09.01 2016나8710
채무부존재확인 등
Text

1. Of the judgment of the court of first instance, the part against the defendant against the plaintiffs and the plaintiff succeeding intervenor AL shall be revoked, and such revocation shall be revoked.

Reasons

1. Basic facts

A. On October 23, 2002, the Seoul Special Metropolitan City Mayor published a plan to implement an urban development project under the Urban Development Act for AM district, etc., of Eunpyeong-gu Seoul Metropolitan Government AOAP, A Q Q Japan, 3,593,000 square meters (However, the final determined area is 3,492,421 square meters), and on November 25, 2002, the base date for relocation measures for an urban development project was determined and publicly announced on November 20, 202.

(Public announcementN) Seoul Special Metropolitan City;

After that, on December 30, 2003, the Mayor of Seoul Special Metropolitan City obtained approval from the Minister of Construction and Transportation for the designation of an urban development zone, and on January 15, 2004, publicly announced the residents' inspection of the designation of an urban development zone of the above AM district, etc., and on February 25, 2004, the defendant (the former name is the Urban Development Corporation of Seoul Special Metropolitan City) made the designation of the project area and approved the project plan as the implementer of the AM urban development project (hereinafter "the project of this case").

(Public Notice AR in Seoul Special Metropolitan City).

On the other hand, on June 24, 2004, the defendant announced a compensation plan under the relevant Acts and subordinate statutes, such as 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") concerning the AS district among the project zones of this case, and announced the relocation measures for the project of this case on October 19, 2004. The main contents are as follows.

On November 20, 2002, the base date for the public announcement of relocation measures for AM urban development zones: Provided, That on August 20, 2002, a tenant shall supply an apartment unit with an exclusive area of 60 square meters or less within the business area to a person who owns a house on his/her own land before the base date and has continuously resided in the house concerned by the date of conclusion of the agreement or the date of expropriation decision on August 20, 202, which is three months before the base date.

Provided, That a person who has consulted on compensation and voluntarily transferred shall be supplied with an apartment unit with an area of 85 square meters or less within the business area.

(2)

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