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(영문) 서울고등법원 2014.01.23 2012나90612
채무부존재확인
Text

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

Defendant excluding Plaintiff AL, N, and AP

2. Table of calculation;

Reasons

1. Basic facts

A. On October 23, 2002, the Seoul Special Metropolitan City Mayor published a plan to implement an urban development project under the Urban Development Act (hereinafter “instant project”) with respect to the development of the Seoul Southernbuk-gu Seoul Metropolitan Area, B, C, D, and D, 3,593,000 square meters, etc., and on November 25, 2002, the base date for the relocation measures of the instant project was determined and announced as November 20, 2002.

(Public Notice CB of Seoul Special Metropolitan City). After obtaining approval from the Minister of Construction and Transportation on December 30, 2003, the Mayor of Seoul Special Metropolitan City, the Minister of Construction and Transportation approved the designation of an urban development zone, and on February 25, 2004, the defendant E in Seoul Special Metropolitan City announced on February 25, 2004 (the name was changed to the name of the Seoul Special Metropolitan City Urban Development Corporation, which was changed to the name as of March 17, 2004

B. On October 19, 2004, the Defendant announced the relocation measures for the instant project, and the main contents are as follows.

The base date for the public announcement of relocation measures for the F Urban Development Zone: On November 20, 2002: Provided, That on August 20, 2002, a tenant shall supply a 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 from before the base date to the date of conclusion of a contract for consultation 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 an unauthorized building omitted (1) has been registered as a residential building on the ledger for the management of unauthorized buildings within the business area since the base date, and the date of conclusion of a contract for consultation or consultation.

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