채무부존재확인
1. Plaintiff L, AY, BB, BM, BT, CA, CB,CC,CC, and CI, among the judgments of the first instance court, including Plaintiff CI’s lawsuits expanded in the trial of the party.
In light of the above legal principles, the court below erred by misapprehending the legal principles as to unjust enrichment and the principle of free evaluation and evaluation, and by exceeding the above legal principles, the court below erred by misapprehending the legal principles as to unjust enrichment and the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal.
Article 17 (Supply Price) (1) The unit price of supply 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. {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} ④ 이주자택지의 필지별 공급가격에 차등을 둘 필요가 있는 것으로 인정되는 경우에는 이주자택지의 개별적인 사항을 참작하여 급지를 구분하고 그 급지별로 차등가격을 적용할 수 있다.
According to Article 11(2) and attached Table of the Enforcement Rule of the Housing Site Development Promotion Act, the housing site development cost shall consist of site cost, site charge, development cost, infrastructure installation cost, direct personnel expenses, relocation measures cost, sales cost, general management cost, capital cost and other expenses.
(b).