부당이득금반환
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
(c) Where it is inevitable in comprehensive consideration of real estate market trends, etc., the same shall not apply;
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.
(3) Where it is deemed necessary to differentiate the supply price by parcel of a housing site for migrants, such land may be subdivided by taking individual matters into account of the individual matters of the housing site for migrants and the differential price may be applied by such land.
*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 facility installation cost] ± Area subject to oil supply (area subject to basic living facilities ± Area subject to oil supply) 】 [area subject to public facility - existing public facility area) ± Area subject to free supply] / [applicable ground] / absence of any dispute, entry in each of subparagraphs 1, 12, 2, 2, 5 through 13 (including the number of branch numbers in case of land number) and the purport of the whole pleadings;
2. To make entries in the attached statutes concerned;
3. Although the plaintiffs' assertion is the project implementer of the housing site development project of this case, they should bear the cost of basic living facilities pursuant to Article 78 (4) of the former Public Works Act, they had the plaintiffs pay the sale price including the cost of basic living facilities according to the sales contract of this case.
Accordingly, the defendant is equivalent to the cost of establishing basic living facilities.