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(영문) 서울중앙지방법원 2013.02.06 2009가합74286
채무부존재확인 등
Text

1. Each lawsuit filed by the plaintiff C, N, and AD was terminated as the withdrawal of the lawsuit.

2. Each action by the plaintiff AB and AK shall be dismissed.

3...

Reasons

1. Basic facts

A. The Mayor of Seoul Special Metropolitan City published the implementation plan for AM development projects on October 23, 2002, publicly announced on November 25, 2002 as the base date for relocation measures for the said development project on November 20, 2002, and subsequently, on February 25, 2004, the development plan for the said urban development project (title: AM urban development zone) was designated as an urban development zone under the Urban Development Act (title: the project area was reduced to 3,492,421m21m2) by AR publicly announced in Seoul Special Metropolitan City, and the Defendant was designated as the implementer of the instant project.

B. Accordingly, on June 24, 2004, the defendant announced the compensation plan under the relevant Acts and subordinate statutes, such as 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") with respect to the AS district, and announced the relocation measures for the project of this case on October 19, 2004. The main contents are as follows.

On November 20, 2002, the base date for the public announcement of relocation measures for AM urban development zones: Provided, That on August 20, 2002, a tenant shall supply an apartment unit with an exclusive area of 60 square meters or less within the business area to a person who owns a house on his/her own land before the base date and has continuously resided in the house concerned by the date of conclusion of the agreement or the date of expropriation decision on August 20, 202, which is three months before the base date.

Provided, That a person who has consulted on compensation and voluntarily transferred shall be supplied with an apartment unit with an area of 85 square meters or less within the business area.

(2) Paragraph (1) shall apply mutatis mutandis where all members of the household who meet the requirements referred to in paragraph (1) and as of the base date are homeless outside the business area from before the base date to the public notice of a compensation plan

(3) The owner of a building without permission, (4) the omitted registration.

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