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(영문) 수원지방법원성남지원 2019.06.20 2019가합25

소유권이전등기 및 부당이득금반환

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In accordance with Article 16 of the former Housing Act (amended by Act No. 7959 of May 24, 2006), the Defendant obtained approval from the Minister of Construction and Transportation for a project plan for the construction of publicly constructed rental housing from the Minister of Construction and Transportation, obtained approval from the Seongdong-si mayor on March 28, 2006, and publicly announced the invitation of occupants, and newly constructed D apartment (hereinafter “lease apartment in this case”) which is a publicly constructed public site for Sungnam-si, a ten-year rental term on the ground of the block.

Standard type 137,08,500 won (the instant rental deposit) 593,00 won (the instant rental deposit), which is 246,750,000 square meters convertible into 108.91 square meters of monthly rent for rental deposit; KRW 908,569,321,00

B. When the Defendant announced the invitation of occupants, the Defendant calculated the standard rental deposit and conversion rent based on the former Rental Housing Act (amended by Act No. 8015 of Sep. 27, 2006), the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 19975 of Mar. 27, 2007), the former Enforcement Rule of the Rental Housing Act (amended by Ordinance No. 530 of the Ministry of Construction and Transportation of Aug. 7, 2006), the former announcement of the standard rental deposit and standard rental rent (amended by Ordinance No. 2004-70 of Apr. 2, 2004), and calculated the conversion rental deposit and conversion rent based on it, and included the first rent as to the rental apartment in the announcement of invitation of occupants by all leased areas of less than 1,00 won, and the rental deposit and rental deposit below the standard rental deposit (hereinafter “standard rental deposit”) and the rental deposit below the size of the leased apartment in this case.

C. On May 23, 2006, the Plaintiff and the Defendant enter into a lease agreement under the above convertible terms and conditions with respect to the leased apartment E (108.91m2, hereinafter “instant apartment”).