Text
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On January 5, 2002, the Korea National Housing Corporation (Korea Land Corporation and the Korea National Housing Corporation were merged with Defendant on October 1, 2009; hereinafter “Defendant”) was designated as the “D Housing Site Development Project zone” under the Housing Site Development Promotion Act. The Korea National Housing Corporation (the Korea Land Corporation and the Korea National Housing Corporation were merged with Defendant on October 1, 2009) is the implementer of the said project zone (hereinafter “instant Housing Site Development Project”).
B. The Defendant specially sold the site for detached houses within the instant housing site development project zone to the persons selected as those subject to relocation measures as part of relocation measures for the residents who lost their means of living due to the expropriation of their owned housing or land, etc. as a result of the incorporation into the instant housing site development project zone.
C. According to the aforementioned relocation measures, the Plaintiffs succeeded to the rights and obligations under the sales contract from the buyers who concluded each sales contract for the land for detached houses in the instant housing site development project zone with the Defendant (hereinafter “instant sales contract”).
Since then, Plaintiff A paid 152,857,200 won as the sale price for the parcel-out area of 200.6 square meters, and Plaintiff B paid 147,057,000 won to the Defendant as the sale price for the parcel-out area of 194.3 square meters.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 7, the purport of whole pleadings]
2. The plaintiffs' assertion that the defendant sold the land for detached houses to the plaintiffs as part of the relocation measures under Article 78 of the former Act on Acquisition of and Compensation for Land, etc. for Public Works (amended by Act No. 8665 of Oct. 17, 2007, hereinafter "former Public Works Act"). Thus, the defendant bears the burden of installing basic living facilities pursuant to Article 78 (4) of the former Public Works Act, which is a mandatory provision.
Nevertheless, the plaintiffs paid the purchase price to the defendant, which includes the cost of basic living facilities.