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(영문) 수원지방법원 2014.05.22 2010가합17645
채무부존재확인등
Text

1. The defendant is included in the calculation table of unjust enrichment in attached Form 3 to the remaining plaintiffs except the plaintiff A (29).

Reasons

1. On August 14, 1974, the Defendant made a decision to incorporate K as the project site in the above park area in Suwon-gu, Suwon-gu, Seoul, where the Plaintiffs were residing, by means of a public announcement on the inspection of the Suwon-gu Urban Planning (Construction Division B), and through a public announcement on November 11, 2008 (U.S. public announcement C), the implementation of the public project on November 11, 2008 (U.S. public announcement).

On the other hand, on June 30, 2004, the Minister of Construction and Transportation designated the LMN, Suwon-si LMN, Suwon-si O, Suwon-si, Suwon-si D, Young-si P and Gosi-si P and Gosi-si Q Day as a planned area for the development of a housing site under the Housing Site Development Promotion Act (Public Notice of the Ministry of Construction and Transportation), and the defendant who is a joint project implementer of the said R district housing site development project (hereinafter “instant housing site development project”), Gyeonggi-do, Gyeonggi-do, and Gyeonggi-do Corporation obtained the approval of the development plan as T public notice of the Ministry of Construction and Transportation on December 30, 2005, and as U public notice of the Ministry of Land, Transport and Maritime Affairs on June 28, 2007, respectively.

As part of the relocation measures for residents who lose their base of living due to the expropriation of their owned housing or land according to the instant park development project, the Defendant decided to arrange them to specially supply apartment houses newly built and sold by the Gyeonggi City Corporation and the Korea Land and Housing Corporation in relation to the instant housing site development project as a part of the relocation measures for residents who were selected as those subject to the relocation measures.

As such, according to the arrangement following the relocation measures for the instant park development project that the Defendant established and implemented, the rest of the Plaintiffs except Plaintiff V(20), W(35) and the mother of Plaintiff V’s father X and Plaintiff B’s mother, as indicated in the “Calculation Schedule of Unjust Enrichment” between December 2009 and February 2010, Z apartment or AAA apartment within the instant housing site development project zone from the Gyeonggi City Corporation or the Korea Land and Housing Corporation, respectively.

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