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(영문) 대전지방법원 2013.01.23 2012가합101620

부당이득금

Text

1. The defendant shall make the attached Table 1 attached hereto to the plaintiff (appointed party) and each of the designated parties.

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the whole pleadings is added to the statements in Gap evidence Nos. 1 to 5, 7, and 8 (including each serial number in the case of a serial number):

The Korea National Housing Corporation (the defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009; hereinafter the same shall apply) decided to construct and lease D apartment units in Seo-gu, Daejeon (hereinafter the "the apartment units of this case") on November 22, 1993 after obtaining approval of the housing site development plan in Daejeon District B (the approval of the project plan was obtained on May 11, 1994). On November 22, 1995, the first tenant recruitment announcement was made on November 22, 1995, and thereafter leased it for five years thereafter.

Luxembourg around October 2002, when the mandatory lease period of the apartment of this case elapsed, the construction cost of the apartment of this case was applied to the standard construction cost, and the housing site cost was converted for sale at the pre-sale conversion price calculated by applying 100% of the estimated development cost.

B. First of all, the Plaintiff (Appointed Party) and each of the designated buyers listed in the attached Table 1 of Calculation Table of Unjust Enrichment (hereinafter “the first buyer”) entered into a lease agreement with the Defendant on the apartment of this case except the designated buyer E, F, and G, and around October 202, each of them entered into a sales contract with the Defendant on each apartment of this case, including the Defendant and the instant apartment.

D. The first buyer of this case paid each of the money stated in the "(1) of the initial sale price" in attached Table 1 of the calculation sheet of unjust enrichment to the defendant as the sale price, and completed the registration of ownership transfer concerning the relevant household among each of the apartment units of this case.

C. (i) Inheritance, acquisition by transfer, etc. from the first buyer, H among the apartment buildings of this case is 410.