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(영문) 서울고등법원 2017.05.26 2012나62594
부당이득금 반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The basic facts;

2. The plaintiffs' assertion;

3. Relevant legislation,

4. The grounds for this part of the claim for return of unjust enrichment are as stated in the reasoning of the judgment of the court of first instance, except in the following cases: (a) Nos. 8 through 12 of the judgment of the court of first instance; and (b) accordingly, this part of the claim is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

In the case of the housing site development project of this case, 608,728 won per one square meter if the cost of basic living facilities is deducted from the total project cost (excluding the cost of relocation measures) and divided it into the cost of supply with compensation. Since the price of sale is reasonable if the above amount is multiplied by the area that the plaintiffs bought in lots, it is the amount of unjust enrichment that the defendant should return from the purchase price actually paid by the plaintiffs, such as the statement in the purport of attached appeal.

The method of calculating the amount of unjust enrichment that the Defendant is obliged to return to the Plaintiffs shall be calculated by deducting the installation costs of basic living facilities from the total project cost and calculating the legitimate selling price per one square meter of the area supplied for consideration. The Plaintiffs may seek the amount by deducting the legitimate selling price calculated in proportion to the sales area of the Plaintiffs from the sales price paid by them

The cost of the cost of the basic living facilities is the sum of the cost of the basic living facilities (=total cost of the site 】 (the installation area of the basic living facilities ± the total project area)), ② cost of the creation of the basic living facilities, ③ direct cost, sales cost and management cost, and indirect cost, which are related to the basic living facilities

Comprehensively taking account of the statement in subparagraph 2-1 of the total project cost and the purport of the entire argument, the total project cost of the housing site development project of this case can be recognized as constituting a total of KRW 1,163,897,00 as indicated below.

(2) The separate amount of the total project cost (won) shall be 669,606,638,00 of the direct project cost and 380,663,359,000 of the cost of relocation measures, 39,522, 364,00 of the cost of relocation measures, 22,139,816,00 of the cost of creation of 17,382,548.

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