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(영문) 서울고등법원 2012.02.29 2011나22964
채무부존재확인등
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked, respectively.

Reasons

1. Basic facts

A. During the period of incorporation into a housing site development project district in which Defendant Sungnam-si and the Korea Land Corporation, the Korea Land Corporation, and the Korea Land and Housing Corporation (Korea Land and Housing Corporation and the Korea Land Corporation were merged on October 1, 2009; hereinafter referred to as the “Korea Land and Housing Corporation”), the aforementioned housing site development project (hereinafter referred to as the “housing site development project” in this case) was incorporated into a housing site development project district in which the said area was implemented with the size of 9,294,326 square meters in a project district, and the said housing site development project (hereinafter referred to as the “housing site development project”) was designated and announced as a planned housing site development district in December 26, 201, and the Defendants obtained approval of the development plan for the housing site development project and the approval of the implementation plan for the housing site development project.

The Defendants and Gyeonggi-do entered into a basic agreement on the joint implementation of AA district on September 8, 2003, and entered into a housing site development project with each other, and agreed that the housing site development project shall be implemented separately, and the compensation, construction, sale, and completion of the relevant district shall be separately responsible for the duties of the relevant facilities

B. The Defendants decided to specially supply apartment houses constructed by the Korea Housing Corporation (hereinafter “the apartment of this case”) within the project district to be developed by implementing the instant housing site development project as part of the relocation measures against those who have lost their means of living due to the expropriation of their owned housing or land, etc. as a result of the incorporation into the housing site development project district of this case.

Accordingly, the plaintiffs enter into each contract for the sale of the apartment of this case with the Korea National Housing Corporation (hereinafter referred to as "each contract for the sale of this case") under the condition that the apartment of this case will be sold to each of the amounts listed in attached Table 1 (hereinafter referred to as "each contract for the sale of this case") or succeed to the rights and obligations under each contract for the

C. Each dwelling of the Plaintiff C, F, and J is Defendant Sung-nam.

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