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(영문) 의정부지방법원 2012.11.01 2011가합9379

부당이득금

Text

1. The defendant stated in the attached Table 2 calculation sheet to the plaintiffs as stated in the "personal amount" column of the same Table and each of them.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged with the defendant on October 1, 2009; hereinafter collectively referred to as the "Defendant") obtained approval for the alteration of the project with respect to the construction of public-sale apartments on the Dong-gu B Housing Site Development District and Dable block on December 29, 1998 under Article 33(1) of the former Housing Construction Promotion Act, when the construction project plan was approved on March 29, 201, with respect to the construction of public-lease apartments on Dable block.

B. Around December 2000, the Defendant first published a public announcement of the apartment of E 577 households (hereinafter “the apartment of this case”) and completed the construction on June 17, 2003, and leased the apartment of this case for five years as publicly constructed rental houses around that time.

C. On August 2008, the Defendant applied the standard construction cost to the instant apartment and calculated the pre-sale conversion price by applying 100% of the housing site development cost to the housing site development cost, and then publicly announced the sale conversion price.

Attached Form

The plaintiffs stated in the calculation table (hereinafter referred to as "the priority buyers of this case") entered into and resided in each lease contract with the defendant for the apartment of this case, and entered into each apartment sale contract (hereinafter referred to as "each apartment sale contract of this case") as stated in the attached Table 2 "Dongho" column among the apartment of this case after the public announcement for sale in lots. D.

The first buyer of this case paid each of the money indicated in the “Defendant Calculation Price” column of the attached Table 2 to the Defendant as sale price, and completed the registration of ownership transfer with respect to the relevant household among each of the apartment units of this case on the “registration date prior to the transfer date” of the same Table.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 3, Eul evidence 1, 2, and 6, the purport of the whole pleadings

2. Relevant statutes (amended by Act No. 9863, Dec. 29, 2009; hereinafter the same shall apply)

[Purpose] Article 1 (Purpose).