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(영문) 대전지방법원 2011.10.20 2010가합13323
채무부존재확인
Text

1. All of the plaintiffs and successor intervenors B's primary and conjunctive claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs and the plaintiffs.

Reasons

A. If a contract is invalid, the part of the contract is invalid, and the plaintiffs are not obligated to pay the purchase price corresponding thereto to the defendant, and if already paid, the defendant must return it.

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.

* Installation cost of basic living facilities: 1,383,802,179,350 = Cost of basic living facilities: 963,025,977,945: 420,776,201,505 won)* 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] [2,836,90 square meters for the area subject to supply of basic living facilities ¡À2,836,90 square meters for the area subject to supply of oil ¡À2,836,90 square meters for the area subject to supply of oil ¡À2,836,990 square meters]¡ [3,257,02 square meters for the area subject to supply free of charge ± 741,481 square meters for the existing public facilities ¡À3,275,027 won for the area subject to supply free of charge} * 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 purchase price of the defendant

A. The sales price of this case calculated in accordance with the above established rules by the plaintiffs' assertion includes the cost of the basic living facilities to be borne by the defendant. The legitimate sales price after deducting the cost of the basic living facilities in connection with the business of this case is as follows. Thus, the sales contract of this case as to the excess portion is null and void.

1) The primary argument (attached Form 1, the collection of the money, and the return of unjust enrichment equivalent to the amount stated in paragraph 9, or

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