부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
A. Meanwhile, the Plaintiff entered into a contract for a construction project with the content of lending funds necessary for the implementation of the instant project (hereinafter “instant contract for a construction project”). Of all, the content of the instant contract is as follows.
Article 3 (Construction Costs) (1) The unit cost of construction per square meter of a building facility (including apartment, underground parking lots, and ancillary welfare facilities) shall be KRW 1,323,00,000 as of the date on which the contract is concluded, and the total construction cost shall be calculated by multiplying the final total floor area approved by the head of the competent Gu by the unit cost of
Provided, That value-added tax on apartment houses, business facilities, sales facilities, etc. in excess of the scale of national housing shall be separately imposed.
(2) The construction expenses as referred to in paragraph (1) shall be comprised of the following subparagraphs, and in cases of the moving expenses without interest, if there is any increase or decrease in the interest rate of the moving expenses according to the fluctuation rate among the amounts paid actually, from the total amount of the moving expenses as prescribed in Article 15, it shall be the increase or decrease in the
* Total construction cost: KRW 1,373,000 per square meter of total construction cost per square meter of 25,000 square meter of interest-free relocation expenses, i,348,000 per square meter of construction cost divided into unit cost of construction, and construction cost.
C. Around June 2008, the Plaintiff received a management and disposal plan for the instant project, but the project was delayed, and the relocation of residents and removal of existing buildings, etc. was completed around August 2012.
On February 7, 2014, the Plaintiff and the Defendant entered into a contract for construction works (hereinafter “instant contract for construction works”) with the content that the Defendant executes new construction works and lends funds necessary for the implementation of the instant contract to the Plaintiff, at the end of the consultation on several months, and the content of the instant contract is as follows.
Article 2 (Business Outline)
5. Total floor area: The unit cost of construction work per square meter of a building (multi-family housing, business facilities (opis, officetels), sales facilities, and ancillary welfare facilities) shall be the date on which the contract is concluded;