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(영문) 수원지방법원성남지원 2011.12.01 2010가합5089
부당이득금
Text

1. The defendant shall pay the plaintiffs the corresponding money in attached Form 2 (8) of the unjust enrichment calculation table and each of them.

Reasons

A. The method of calculating the total amount in excess of the cost as the sale price would be unreasonable by calculating it as the amount of unjust enrichment.

(See Supreme Court en banc Decision 2007Da63089, 2007Da63096 Decided June 23, 201, etc.). In accordance with the above method, the method of calculating the supply price per se cannot be deemed null and void as a matter of principle. However, if there is a method of calculating the supply price in the form that includes “facilities for basic living facilities” to be naturally deducted pursuant to Article 78(4) of the former Public Works Act, such method should be excluded. Since the amount calculated according to the method calculated by the Defendant calculated the supply price is deemed to include a part of “facilities for basic living facilities”, if the sale price calculated according to the above method exceeds the housing site supply price calculated by the following method, it is reasonable to calculate the excess portion as unjust enrichment.

* The housing site supply price for those subject to relocation measures = [total project cost - basic living facilities installation cost (=) ± area subject to supply with compensation] 】 sale area 】 basic living facilities site cost (=total site cost 】 (total area of the basic living facilities/total area of the site)} 2 individual living facilities construction cost

C. (1) In the instant case, the calculation table of the total project cost of the instant housing site development project is as follows, comprehensively taking account of the facts acknowledged prior to the facts and the purport of the entire pleadings. Of the total project cost of the instant housing site development project, the area subject to the said housing site development project is 4,534,880 square meters out of the total project area of 9,036,525 square meters, and the total project cost of the said housing site is 3,756,268,595,000 won (excluding the relocation measures expenses) and the total project cost of the said site is 1,203,414,08,000,414,64,664,000, 186,694,594,513,5000,505,000 won and the total project cost of the said housing site development project is 3,756,2639,005,3086,7,096.

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