채무부존재확인
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In light of the above legal principles, the project executor has a duty to return the amount of money to the person subject to the relocation measures for unjust enrichment, since the project executor gains profit equivalent to the cost of the basic facilities without any legal ground and thereby causes the same loss to the person subject to relocation measures.
I would like to say.
(3) If the cost of the basic living facilities to be borne by the Defendant is included in the sale price under the instant sales contract, based on the theory of small decision, the contract is null and void. As such, the Plaintiff who acquired the status of the seller of buildings in lots by O, etc. is not obliged to pay the purchase price corresponding thereto to the Defendant. (C) The Defendant calculated the sale price pursuant to the established rules of the instant case as follows.
* Installation cost of basic living facilities: 1,383,802,179,350 = Cost of basic living facilities: 963,025,977,945: 420,776,201,505 won)* formula
A. 773,942 won = (3,579,46,861,754 won in total) - Expenses for installing basic living facilities 1,383,802,179,350 won in total) ± Area subject to oil supply 2,836,990 square meters in total; and
B. 1,151,279 won = [2,83,80 square meters [2,836,802,179,350 won for the installation of basic living facilities - 1,383,802,179,350 won] 】 [2,836,90 square meters for the installation of basic living facilities / [2,83,802,179,350 won ± 2,836,990 square meters of the area subject to supply / [2,836,90 square meters of the area subject to supply - 3,257,027 square meters of existing public facilities - 741,271 square meters of the area subject to free supply / [3,275,027 won] * 1,362,610 won per square meter of basic living facilities / 265 square meters per annum] / The defendant alleged that there is no ground to apply the Plaintiff’s provision on the sale price 1301, 1930.