부당이득금
1. The defendant shall pay to the plaintiffs the amount of money stated in the attached Table 1 calculation sheet, and as to this, July 10, 201.
A. (1) The portion at issue is the cost of the basic living facilities included in the sale price. However, as seen earlier, the Defendant calculated the sales price of each of the instant sales contracts by deducting the cost of the basic living facilities calculated by the Defendant within the extent not exceeding 80% of the cost of the housing site development calculated by the Defendant. Therefore, the portion at issue is the amount exceeding the “justifiable sale price” (the cost of the housing site development - the cost of the basic living facilities) calculated by the Defendant from the sale price of each of the instant sales contracts calculated as above. Therefore, the amount of unjust enrichment can be calculated according to the following formula. Accordingly, the Plaintiffs’ amount of the unjust enrichment can be calculated in accordance with Article 41-2(2)1 of the Enforcement Decree of the Public Works Act as amended on April 17, 2008, where the housing site is supplied to the project operator on the basis of the area of the housing site supplied at a cost. * The legitimate sale price per square meter = (the cost of the basic living facilities) / total area of the housing site to be supplied at the appraisal price per general consumers (the appraisal price per unit price).
However, the defendant's above assertion cannot be accepted in light of the following points.
(1) The appraised price of a housing site shall be estimated market price and its starting point is different from the conceptually different from the development cost of the housing site.
The cost of installing basic living facilities may be clarified in the course of calculating the cost of housing site development.