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(영문) 서울고등법원 2015.09.22 2014나2001407
채무부존재확인
Text

1. The judgment of the court of first instance, including the part on the plaintiffs, that amended in exchange for the purport of the claim by this court.

Reasons

A. In principle, the supply size of the housing site for the migrants shall be based on 165 square meters or 265 square meters per parcel.

Provided, That the foregoing shall not apply where it is inevitable in consideration of the conditions of the relevant project district, the real estate market trends, etc. in the relevant area, such as the conditions of shares, land use plans and the efficiency of land use.

Article 17 (Supply Price) (1) The unit price of supply of a housing site for migrants shall be calculated in accordance with the following standards:

1. Seoul Metropolitan area and Metropolitan City areas: It shall be calculated by the arithmetic mean by the formula in subparagraphs 1 and 2 of attached Table 2; and

However, if the unit cost of supply calculated exceeds 80% of the cost of creation (excluding the cost of relocation measures, the cost of relocation measures shall not be considered. The same shall apply in this paragraph.), it shall be 80% of the cost of creation.

3. Where a parcel exceeding 265 square meters is supplied pursuant to the proviso to Article 16, the amount of excess shall be calculated on the basis of the appraised price.

*Standards for calculating the unit price for supply of unsettled housing sites in Schedule 2

1. [Total project cost (excluding relocation measures cost) - Basic living facilities installation cost] ± Area subject to oil supply;

2. [Total project cost (excluding relocation measures cost) - Basic living facilities installation cost] ± Area subject to oil supply (living facility installation cost ± Area subject to oil supply ± Area subject to water supply] 】 [area of public facilities - Area of existing public facilities) ± Area subject to free supply];

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 methods for computing such cost shall be as follows:

Site cost for basic living facilities 】 Area subject to gratuitous reversion / total project area;

(b) Construction cost for basic living facilities, construction cost for basic facilities, and other construction cost ¡¿ Area subject to free reversion/total project area;

2. The term "basic facility construction cost" in subparagraph 1 means the construction cost for water supply and sewerage systems, packing systems, electricity systems, telecommunications systems, street lamps, pressure pumps facility works, gas facility works, drainage pipes, and temporary replacement facility works of the above types of work (aftermath);

(e)in this case;

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