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1. The defendant falls under the "amount to be returned" column in attached Form 2 of the "Fair Sale Price Calculation Table" to the plaintiffs.
Reasons
1. Facts of recognition;
A. On February 17, 1995, Daejeon Seosung-gu P, Q, R, Japan, and S large 1,566,087 square meters were designated and announced as a planned area for the development of the T District Housing Site (hereinafter “instant housing site development project”). The instant housing site development project was approved on May 31, 199, and the implementation plan for the housing site development project was approved on July 31, 200.
B.1) Defendant (Korea National Housing Corporation and Korea Land Corporation were merged with Defendant on October 1, 2009)
(2) The Defendant concluded a contract for the sale of the housing site to be developed within the above project district (hereinafter “each contract for sale in this case”) with regard to migrants as the relocation measures for those who lose their base of livelihood due to the expropriation of their owned housing or land, etc. as the instant housing site development project was designated as the project implementer of the instant housing site development project. Accordingly, the Defendant concluded a contract for the sale in this case (hereinafter “each contract for sale in this case”). The Plaintiffs, as those who succeeded to rights and obligations from those who entered into the contract for sale in this case, paid to the Defendant the amount corresponding to the attached Form 1’s “Calculation of the Price for Sale in Claim of the Plaintiffs’ Claim” or the “Calculation of the Price for Sale in Claim of the Plaintiffs’ Claim” as stated in the attached Table 2(d) and the attached Table 2(2) prior to the filing of the instant contract for sale in this case.
C. The Defendant calculated the sales price in accordance with Articles 16 and 17 of the Rules on the Establishment and Implementation of Relocation Measures (hereinafter “Rules of this case”) applied at the time and attached Table 2 as follows:
Article 16 (Scale of Supply) In principle, the scale of supply of a multi-resident's housing site shall be supplied based on 165 square meters or 230 square meters.
Provided, That this shall not apply where it is inevitable due to the circumstances in which shares are to be captured.
Article 17 (Supply Price) (1) A resettled housing site.