채무부존재확인
1. All of the plaintiffs and successors' claims are dismissed.
2. The costs of the lawsuit are assessed against the plaintiffs and the succeeding intervenors.
A. If the contract is invalid, the plaintiffs who succeed to the status of the purchaser from the persons subject to the measures for resettlement are not obligated to pay the purchase price corresponding thereto to the defendant.
Therefore, the defendant argues that Article 78 (4) of the Public Works Act does not apply to this case since the plaintiff has lost market profits and succeeded to the rights and obligations under the contract from the persons subject to relocation measures. However, as long as Article 78 (4) of the Public Works Act applies to the persons subject to relocation measures, the plaintiffs who comprehensively take over the status of the persons subject to relocation measures can dispute as to whether the contract violates the above provisions as a matter of course. Therefore, the above argument is without merit.
3. Calculation of the purchase price by the defendant
A. The Defendant calculated the sales price in accordance with the established rules of this case as follows.
* Costs of installing basic living facilities: 1,383,802,179,350 formula*
A. 773,942 won = (3,579,46,861,754 won in total) - Expenses for installing basic living facilities 1,383,802,179,350 won in total) ± Area subject to oil supply 2,836,990 square meters in total; and
(b) 1,151,279 won = [(3,579,46,861,754 won for total project cost - 1,383,802,179,350 won for the installation cost of basic living facilities) ¡À2,836,90 square meters for the area subject to supply] [1,383,802,179,350 square meters for the installation cost of basic living facilities ¡À2,836,990 square meters for the area subject to supply of oil ¡À2,836,90 square meters for the area subject to supply of oil ¡À [2,836,90 square meters for the area subject to supply free of charge - 741,257,027 square meters for the area subject to supply ± 741,275,027 won for the existing public facilities} * 1,62,610 square meters per square meter, 610 won per square meter]
B. According to this, the Defendant calculated the sales price per 1 square meter after deducting the installation cost of basic living facilities from KRW 1,383,802,179,350, and accordingly, it complied with the provisions of the former Public Works Act as seen earlier.
4. The plaintiffs' assertion and judgment on the calculation of the sale price
A. The plaintiffs' assertion.