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(영문) 의정부지방법원 2014.02.06 2011가합15893

부당이득금반환

Text

1. The defendant shall pay to the plaintiffs the amount corresponding to each plaintiff's money stated in the attached Table "official fees" and each of them.

Reasons

1. Facts of recognition;

A. On November 6, 1995, 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 referred to as the "Defendant") obtained approval from the Gyeonggi-do Governor of the development plan for a housing site of the CMF district (hereinafter referred to as the "instant development project") with respect to the housing site for the Yangju-gun, Yangju-gun, CK, and CJ (Y, and CL) (hereinafter referred to as the "instant housing site") from the Gyeonggi-do Governor of the Gyeonggi-do on November 6, 1995, and obtained approval for modification of the housing site development plan and implementation plan for the said housing site development project on several occasions.

The area of the instant housing site was finally 563,831 square meters on June 25, 2002 through the approval of the said alteration.

B. In 197, the Defendant commenced a business plan with 1 complex 792 households (total public sale), 2 complex 1,935 households (public sale 368 households, workers’ welfare 1,000 households, and public lease 567 households), 3 complex 1,290 households (public sale 790 households, workers’ welfare 500 households), and 960 households of four complex (total public sale).

Since then, around June 200, the Defendant obtained a modified approval for the business plan to build 1,934 households from among 1,935 households, 1,935 households from among 1,935 households, and 3 complexes from October 2000, 1,263 households from among 1,290 households, and 1,263 households from among 3 complexes from among 1,290 households, one complex for public rental households from June 28, 2000, 2 complex for two complexes around February 22, 200, and 3 complexes from October 18, 200, respectively, was completed. < Amended by Presidential Decree No. 17050, Jun. 29, 2002>

Since the Defendant leased the instant apartment as a publicly constructed rental house for five years and thereafter, around January 2, 2006, the compulsory rental period of the instant apartment has expired, the construction cost of the instant apartment shall be applied to the standard construction cost, and the housing site cost shall be 100% of the construction cost of the housing site.