채무부존재확인
1.The judgment of the first instance shall be modified as follows:
Plaintiff
CI, CJ, K, CK, CL, CM, CN, CO and the Intervenor succeeding to the Plaintiff.
In accordance with Article 17(3), the sales price for the plaintiff et al. was determined to be KRW 1,051,728, and the supply price was determined to be differentiated by taking into account the individual characteristics of the resettled housing site, and the sales price for the plaintiff et al. was determined as the corresponding amount.
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} ④ 이주자택지의 필지별 공급가격에 차등을 둘 필요가 있는 것으로 인정되는 경우에는 이주자택지의 개별적인 사항을 참작하여 급지를 구분하고 그 급지별로 차등가격을 적용할 수 있다.
2. According to the facts based on the calculation method of the legitimate sale price and the above recognition facts, the defendant does not bear the expenses that the defendant himself grasped as "the cost of installing basic living facilities" among the development cost of the housing site, and only the remaining cost of creating the housing site except this.