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(영문) 수원지방법원 2014.02.18 2011가합19778
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 30, 2004, the Minister of Construction and Transportation, as G in the public notice of the Ministry of Construction and Transportation on June 30, 2004, designated, under the Housing Site Development Promotion Act, the implementor of the said P district housing site development project (hereinafter “instant housing site development project”) as the Defendant, etc., the Defendant obtained the approval of the development plan as Qua in the public notice of the Ministry of Construction and Transportation on December 30, 2005, and obtained the approval of the implementation plan as RR in the public notice of the Ministry of Construction and Transportation on June 28, 2007.

B. The Defendant decided to specially supply a site for detached houses within the instant project district as part of the relocation measures against those subject to relocation measures who lose their base of livelihood due to the expropriation of their owned housing or land, etc. in the implementation of the instant housing site development project.

C. Accordingly, S, T, U, and V (hereinafter “the first buyer”) entered into a sales contract (hereinafter “each of the instant housing sites”) with the Defendant as to each of the pre-sale sites entered in the “number” column in the instant housing site development project zone (hereinafter “each of the instant housing sites”) as indicated in the calculation table, such as unjust enrichment in the attached sheet. The Plaintiffs succeeded to the rights and obligations under each of the instant sales contracts with the Defendant, with the consent of the Defendant, as indicated in the attached sheet.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. The assertion and judgment

A. The first purchaser of the plaintiffs' assertion is the defendant and the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665 of Oct. 17, 2007 and enforced from April 18, 2008; hereinafter "former Public Works Act").

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