부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
A. According to the above, the supply price can be differentiated in consideration of the individual characteristics of the migrants. The instant project district also determined the supply price of the migrants’ housing site by applying the gap rate to individual parcels, and sold to the Plaintiffs the amount of KRW 825,018 to KRW 901,579 per square meter.
Article 17 of the Regulations on the Establishment and Implementation of Relocation Measures (Supply Price) (1) The unit price of supply of the sites 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} [인정 근거] 다툼 없는 사실, 갑 1호증의 1 내지 3, 을 1 내지 9호증(가지번호 포함), 변론 전체의 취지
2. The plaintiffs' assertion on the grounds of the claim
A. Basic assertion that a special supply of a site for a detached house to the plaintiffs by each sale contract of this case is implemented as part of the relocation measures pursuant to Article 78(1) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665 of Oct. 17, 2007; hereinafter “former Public Works Act”).