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(영문) 대전지방법원 2012.06.08 2010가합9003

채무부존재확인

Text

1. The sale contract for the plaintiff A, D, and E under the Housing Site Development Project for the plaintiff A, D, and E is for the migrants in the housing site development zone.

Reasons

A. The sales contract for the housing site was concluded by the migrants (hereinafter “instant sales contract”).

C. (1) The details of the business area and the project cost of the instant project are 6,112,017 square meters, and the specific details are as indicated in the attached Table 1-2 “business area description”. Among which, the area eligible for the gratuitous supply is 2,836,90 square meters, the area eligible for the gratuitous supply is 3,275,027 square meters, and the area eligible for the gratuitous supply is 3,275,027 square meters, and the amount of the provisional disposition is 2,809,328 square meters, which deducts the amount of 27,662 square meters, such as the preserved site, from the area eligible for the gratuitous supply (=2,836,90 square meters).

(Attachment 1-1, 2) The total project cost of the project in this case is as indicated in attached Form 1-1, and the direct personnel expenses, relocation measures, sales expenses, general management expenses, capital expenses, and other expenses were calculated by the following methods:

* Direct labor cost = (cost for creating a site) = (cost for creating a site) ¡¿ (1.6% x (1,261,713 won - 962,610 square meters - unit cost for supplying a multi-resident housing site) x sales cost = 294,680 square meters of a multi-resident housing site (see attached Table 1-2) x 1.76% x general labor cost = (direct labor cost for creating a site) x 2.61% x 2.61% of net input x x other expenses = (direct labor cost for creating a site) x 0.24% of the total amount of the project cost of this case x 00 won x 1,169,179,573,00 won among the total amount of the project cost of this case is as stated in attached Table 1-3.

The Defendant calculated the sales price against the Plaintiffs on the basis of KRW 1,261,713/m2 of the housing site development cost calculated in accordance with the Defendant’s “established Rules on the Establishment and Implementation of Relocation Measures” at the time of the instant sales contract, and the supply price of KRW 962,610 per square meter, an average of the amounts calculated by the formula under Articles 16 and 17 of the above Rules and the [Attachment 2] thereof, shall be the supply price; however, considering the appraisal price, the individual supply price shall be adjusted in proportion within the scope of the total land value of the multi-resident complex; and then, the written “the details of sales contract and the calculation sheet”