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(영문) 의정부지방법원 2012.04.13 2011가합1146

채무부존재확인

Text

1. Attached 2.0 to the housing site development project of the plaintiffs and the intervenors succeeding to the plaintiff for the defendant.

Reasons

A. In the case of a housing site not exceeding 2,00 square meters, the unit supply price per unit area of the instant migrants was determined as KRW 1,100,000 per 1 square meter per unit area, which is 80% of the unit price of the housing site development cost, and in the case of a housing site exceeding 265 square meters, it was calculated at the appraisal price and sold to the Plaintiffs

Article 17 (Supply Price) of the Rules on the Establishment and Implementation of Relocation Measures (Supply Price) (1) The unit price of supply of the sites for migrants shall be calculated in accordance with the following guidelines:

1. Seoul Metropolitan area and Metropolitan City areas: It shall be calculated by the arithmetic mean by the formula in subparagraphs 1 and 2 of attached Table 2;

However, if the unit cost of supply calculated exceeds 80% of the cost of creation (excluding the cost of relocation measures, the cost of relocation measures shall not be considered. The same shall apply in this paragraph.), it shall be 80% of the cost of creation.

3. Where a parcel exceeding 265 square meters is supplied pursuant to the proviso to Article 16, the amount of excess shall be calculated on the basis of the appraised price.

*Standards for calculating the unit price for supply of unsettled housing sites in Schedule 2

1. {LEFT [ 총````사업비(이주대책비`제외)`-`생활기본시설```설치비용 RIGHT ]} over {유상공급````대상면적}

2. {LEFT [ 총````사업비(이주대책비`제외)`-`생활기본시설```설치비용 RIGHT ]} over {유상공급````대상면적} {생활기본시설```설치비용} over {유상공급```대상면적} × {(공공시설면적``-'기존공공시설면적)} over {공공시설면적}

D. The Plaintiffs paid to the Defendant each money indicated in the “prepaid amount” in the attached Table 1 calculation sheet as the sales price of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including, if any, various numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Defendant’s partial invalidation of the sales contract of this case’s land for public service is that it specially supplied the Plaintiffs’ housing site by each sales contract of this case.