logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.03.30 2015다5989
채무부존재확인
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal as to the cost of housing site preparation (the grounds of appeal Nos. 1 through 7, and the relevant part of the ground of appeal No. 8)

A. In a special supply contract for a housing site concluded between a person subject to relocation measures and a project operator, if the person subject to relocation measures was to pay the project operator the cost of installing the basic living facilities under Article 78(4) of the former Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (amended by Act No. 8665 of Oct. 17, 2007; hereinafter “former Land Compensation Act”), thereby including the cost of installing the basic living facilities in the sale price, the part that included the cost of installing the basic living facilities under the special supply contract in the sale price is null and void in violation of Article 78(4) of the former Land Compensation Act, which is a mandatory law.

(See Supreme Court en banc Decision 2007Da63089, 63096 Decided June 23, 2011). Meanwhile, in cases where a project operator set the sales price of a re-resident’s housing site at a discount of a certain amount at the cost of housing site development, whether the sale price exceeds “amount obtained by deducting the cost of installing basic living facilities from the cost of housing site development” and whether the sale price exceeds “amount obtained by deducting the cost of installing basic living facilities from the cost of housing site development” and the scope thereof should be determined.

In this case, Article 78(4) of the former Land Compensation Act prohibits a project operator from paying the cost of basic living facilities to a person subject to the relocation measures, but does not stipulate the cost that can be actively charged to the person subject to the relocation measures or the details of the sale price that can be charged from the said person. Therefore, it constitutes the cost of installing basic living facilities among the cost of building the housing site that the project operator used as the basis for the determination of

arrow