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(영문) 대전고등법원 2015.01.21 2011나7848
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

3 The term “Plaintiff” under the “justifiable Calculation sheet of Sales Price” means the “Plaintiff.”

Reasons

1. Basic facts

A. At the time of the Defendant’s implementation of the housing site development project, the joint implementer of the instant project was Daejeon Urban Corporation, the Korea Land Corporation, and the Korea National Housing Corporation. The Korea Land Corporation and the Korea National Housing Corporation were dissolved on October 1, 2009 pursuant to the Korea Land and Housing Corporation Act (amended on May 22, 2009) and the Defendant’s establishment on October 1, 2009 under the same Act was deemed to have been merged between the Korea Land Corporation and the Korea National Housing Corporation; hereinafter “Defendant” without distinguishing between before and after the merger. The Daejeon-gu Seoul Special Metropolitan City Land and Housing Development Promotion Act based on the Housing Site Development Promotion Act is the housing site development project of the Daejeon Do District (Seoul Special Metropolitan City Seo-dong, Do, Dongwon-dong, Dongwon-dong, Dongwon-dong, Dongwon-dong, Dongdong, Dongdong-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, and Dong-dong, Dong-dong.

The development period of the project in this case is from December 16, 2003 to June 30, 201, and the approval date of the development plan of the project in this case is December 16, 2003.

B. (1) The Defendant, as part of the relocation measures for those who were accommodated in the instant project and who lost their base of living due to expropriation of the housing and land, decided to specially supply the land located in the instant project district to them. On October 17, 2007, the Defendant announced the relocation measures against those subject to relocation measures.

(2) Accordingly, the defendant concluded a sales contract on the housing site of migrants (hereinafter referred to as the "sale contract of this case"). The plaintiffs are those who directly concluded the sales contract of this case with the defendant, or those who succeeded to rights and duties from the persons who entered into the sales contract of this case before the lawsuit of this case, or those who again transferred the claim for return of unjust enrichment pursuant to the lawsuit of this case from them, and the plaintiff's successor to this case from the plaintiffs who withdrawn during the lawsuit of

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