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(영문) 서울고등법원 2014.10.30 2012나55756

부당이득금반환

Text

1.The judgment of the first instance, including a claim for exchange change in the trial, shall be modified as follows:

Reasons

A. In principle, the supply size of the housing site for the migrants shall be based on 165 square meters or 265 square meters per parcel.

Provided, That the foregoing shall not apply where it is inevitable in consideration of the conditions of the relevant project district, the real estate market trends, etc. in the relevant area, such as the conditions of shares, land use plans and the efficiency of land use.

Article 17 (Supply Price) (1) The unit supply price of a housing site for migrants shall be calculated in accordance with the following standards:

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; and

Provided, That 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 taken into account even when calculating capital costs. The same shall apply in this paragraph) 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. [Total working expenses (excluding relocation measures expenses) - Basic living facilities installation expenses] ± Area subject to oil supply;

2. [Total project cost (excluding relocation measures cost) - Basic living facilities installation cost] ± Area to be supplied for oil ± Area to be supplied for oil ± Area to be supplied for oil ± Area to be operated for public facilities ± Area of existing public facilities) ¡À Area to be supplied free of charge]; and

1. The cost of installing the basic living facilities shall be the site cost and creation cost for the installation of the basic living facilities, and the methods for computing such cost shall be as follows:

Site cost for basic living facilities 】 Area subject to gratuitous reversion / total project area;

(b) Construction cost for basic living facilities, construction cost, and other construction cost ¡¿ Area subject to the free reversion/total project area;

2. The term "basic facility construction cost" in subparagraph 1 means the construction cost of water supply and sewerage systems, packing systems, electricity systems, telecommunications systems, street lamps, pressure pumps facility works, gas facility works, drainage pipes, and temporary replacement facility works of the above types of work (the grounds for recognition).