부당이득금
1. Each appeal by the plaintiff K, L, and M and each appeal by the defendant against the plaintiff A, B, C, D, E, F, G, H, I, and J are all filed.
1. The reasoning of the judgment of the court of first instance cited by the main text of Article 420 of the Civil Procedure Act, since it is the same as the reasoning of the judgment of the court of first instance, in addition to adding the judgment on the part alleged by the defendant as the reason for appeal by this court.
(Plaintiff K, L, and M did not submit a preparatory document stating the grounds for appeal or the grounds for appeal without submitting a petition of appeal only, and this court has withdrawn all of the lawsuits, but the lawsuit was initiated with the Defendant’s disapproval. The judgment on the above Plaintiffs’ claims is cited as it is the part determined by the first instance court). 2. Additional determination
A. The “current condition” prior to the Defendant’s assertion, which is a road, should be reflected in calculating the cost of a site for a basic living facility. As such, the amount of a site for a basic living facility should be deducted from the total project area and the installation area of a basic living facility (molecular) and calculated the cost of a basic living facility by deducting the area of the road gratuitously reverted to the Defendant.
B. The most accurate method of calculating the cost of sites for basic living facilities is calculated according to the location, area, and specific acquisition cost of the land on which the basic living facilities such as roads are installed. It is practically impossible to calculate the cost of site according to such method. Accordingly, the cost of the basic living facilities should be calculated by estimating the cost of the site according to the formula of “ratio of the area where the basic living facilities are installed in comparison with the total project area out of the total cost of the site.” This is based on the premise that the total cost of the site is equally divided into the total project area, without considering the difference in the cost of each individual land, the cost of the site is calculated by aggregating the total cost of the site of the project without considering it. ② The retention site is exempt from the development project that fails to relocate or remove the existing buildings or other facilities in the project area.