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(영문) 수원지방법원성남지원 2012.06.29 2011가단23483
채무부존재확인
Text

1. The Defendant: (a) KRW 799,140; and (b) KRW 7,173,806 to Defendant B; and (c) each of them, from April 7, 2012 to June 29, 2012.

Reasons

1. Basic facts

A. On June 26, 2006, Sungnam-gu Seoul Special Metropolitan City Da, E, F, and Subdivision G G members were designated and publicly announced as a district subject to the National Rental Housing Complex (hereinafter “C district”) under the Act on Special Measures for the Construction, etc. of National Rental Housing on June 26, 2006, and the Korea National Housing Corporation (hereinafter “Defendant”) was designated as a project implementer (hereinafter “Defendant”).

(2) The Defendant, as a part of the relocation measures for the residents who lost their means of living due to the expropriation of their owned houses or land, was incorporated into the C District, was specially sold the land for detached houses within the said district to those selected as a person subject to the relocation measures.

(3) Accordingly, on December 8, 2009, Plaintiff A concluded a sales contract with Defendant and C for the purchase of KRW 519,738,000 with H-1.4 square meters of residential site for the relocation-to-house in C district.

(4) The Plaintiff paid all the sales price to the Defendant by November 18, 2011.

B. On June 28, 2002, Sungnam-gu J and K members of Sungnam-gu J and K members of the Housing Site Development Promotion Act (hereinafter “I”) were designated and publicly announced as a prospective housing site development area under the Housing Site Development Promotion Act, and the Defendant was designated as the project implementer.

(2) The Defendant, as a matter of the relocation measures for the residents who lost their means of living due to the expropriation of their owned houses or land, was incorporated into I districts, was specially sold the land for detached houses within the said districts to those selected as the subjects of the relocation measures.

(3) Accordingly, on May 15, 2007, L entered into a sales contract with the Defendant for the purchase of 254 square meters of a detached house site in the I zone in KRW 237,154,00 (hereinafter collectively referred to as “each of the instant sales contract”), including the sales contract under Paragraph (a) and the sales contract under Paragraph (b). Plaintiff B succeeded to the rights and obligations under the said sales contract from L on July 2, 2007.

(4) The Plaintiff B paid the above sales price to the Defendant by August 15, 2007.

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