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(영문) 서울중앙지방법원 2012.11.22 2011가합62859
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 December 5, 2006, the Minister of Finance and Economy approved and publicly notified the implementation plan for the development project of the Incheon Jung-gu Incheon Metropolitan City L District Free Economic Zone L District (hereinafter “instant housing site development project”) whose project area covers K, N,O, and P sources (hereinafter “the instant housing site development project”), and selected the Defendant Incheon Metropolitan City Urban Development Corporation and the Korea Land Corporation as the project implementer.

On October 1, 2009, the Korea Land Corporation was newly established and merged with the Korea Land & Housing Corporation as defendant Korea Land and Housing Corporation.

B. According to the implementation of the instant housing site development project, the Defendants decided to specially supply a detached housing site to be developed in the instant housing site development project zone by means of a relocation measure against those who lose their means of livelihood due to the expropriation of their owned housing, land, etc. (hereinafter “persons subject to relocation measures”).

C. The Defendants set the sale price of the housing site to be specially supplied to the person subject to the relocation measures (hereinafter “instant migrants housing site”) and the sale price of the housing site to be supplied to ordinary consumers differently as follows:

1) According to Article 13-2(7) of the former Enforcement Decree of the Housing Site Development Promotion Act (amended by Presidential Decree No. 23113, Aug. 30, 201) and Article 22(1) [Attachment 3] of the former Guidelines on the Management of Housing Site Development (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 682, Mar. 2, 2011), a site for detached construction is stipulated to be supplied at appraisal prices (see attached Table 2). Accordingly, the Defendants supplied an appraisal price of KRW 1,214,334 per square meter per site to ordinary consumers who are not those subject to relocation measures. 2) The Defendants supplied a site area to those subject to relocation measures at a special supply price of KRW 831,133 per square meter per site area in accordance with the internal regulations.

The above special supply price shall be the total project cost less the relocation cost and the cost of installing basic living facilities.

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