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(영문) 수원지방법원성남지원 2015.01.14 2012가합202150

부당이득금

Text

1. The defendant shall pay to the plaintiffs each amount stated in the "official fees" column in the attached calculation sheet and each of them on December 2012.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Korea Land Corporation was merged with the Korea Land Corporation on October 1, 2009, and the defendant was not divided before and after the merger, and the defendant was "the defendant") obtained approval from the Mayor of Bupyeong-gu Incheon Metropolitan City on October 31, 2001 for the housing construction project plan that newly constructs public rental housing in Bupyeong-gu Incheon Metropolitan City B.

Pursuant to Article 13(2) of the Enforcement Decree of the Rental Housing Act, the base for calculating the pre-sale conversion price for a lessee who has not resided in the relevant rental house from the date of occupancy to the date of pre-sale conversion under Article 13(2) of the Enforcement Decree of the Rental Housing Act: The pre-sale conversion price under [Attachment Table 1] of the Enforcement Rule of the Rental Housing Act shall be the arithmetic mean of the cost of construction and the appraised value, and shall not exceed the amount calculated by deducting depreciation costs during the rental period from the housing price calculated at the time of the initial

B. On September 30, 2003, the Defendant decided to construct and lease 20 units of D Apartment-dong 1,873 units of public rental housing (hereinafter “instant apartment”) on the land of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and publicly announced the invitation of occupants as follows.

C. From October 29, 2003 to October 31, 2003, the Defendant entered into a lease agreement with the Plaintiffs by setting five years as a mandatory lease period for each apartment as indicated in the corresponding calculation table of the apartment of this case.

Around February 3, 2010, the Defendant notified the occupants of the apartment of this case that the term of lease of the apartment of this case expires on July 31, 2010, and that the procedure for conversion of the apartment of this case will take place for three months from August 2010, and around July 9, 2010, the conversion price should be calculated according to the formula under the Enforcement Rule of the Rental Housing Act ± 2.