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(영문) 서울중앙지방법원 2012.06.28 2011가합26099

부당이득금반환

Text

1. The defendant,

A. The corresponding amount stated in the column for the amount of unjust enrichment in attached Table 3 to Plaintiffs B, C, D, E, F, I, K, L, N,O, S, T, and W.

Reasons

1. Facts of recognition;

A. The Defendant is the project implementer of the X-si Housing Site Development Project (hereinafter “instant project”). As the housing site development project is incorporated into the instant project zone, the housing site in the instant project zone was specially sold to the residents who were selected as those subject to relocation measures as part of the relocation measures for residents who lost their means of living due to expropriation of housing or land, etc., and the Plaintiffs accordingly entered into a contract with the Defendant for sale in lots (hereinafter “instant contract for sale in lots”) or succeed to the rights and obligations under the contract for sale in lots from the residents who entered into the contract for sale in lots.

The details of the instant sales contract and the succession are as shown in attached Form 1.

B. At the time, pursuant to the internal regulations of the Defendant (Article 17 of the established rules on the establishment and implementation of relocation measures), the Defendant calculated the supply price of the said site by the following methods, and calculated each purchase price of the instant land based thereon:

The unit price of supply of a resettled housing site shall be calculated by the arithmetic mean calculated by the formula in the following subparagraphs A and B, but where the development cost exceeds 80%, it shall be 80% of the development cost.

In addition, if the supplied area exceeds 230 square meters, the appraisal price level shall be calculated for the excess portion.

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} <주>

1. The cost of installing the basic living facilities shall be the site cost and creation cost for the installation of the basic living facilities, and the method of calculation shall be as follows:

Site cost for basic living facilities x free reversion area/total project area;

(b) Basic facility construction cost, and basic facility construction cost;