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(영문) 서울고등법원 2016.04.22 2013나2011544

부당이득금반환

Text

1. Of the judgment of the court of first instance, among the judgment of the court of first instance, the plaintiff (appointed parties) and the Appointeds are the most final sheet of calculation.

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 from the Gyeonggi-do Governor on April 30, 199 for a housing site development plan for the housing site development project for the Dilil House at the time of Pakistan, and obtained approval for a change in the development plan and approval for the implementation plan on October 19, 199.

B. On June 8, 200, the Defendant obtained approval of the housing construction project plan from the Governor of the Gyeonggi-do for the construction and sale of 1,402 public housing units in the housing site development zone, and obtained approval for the modification of the housing construction project plan, including 734 units of public housing units and 668 units of public housing units on June 3, 2002.

C. On December 5, 2002, the Defendant issued the first announcement of public rental housing unit 668, on which the approval for the alteration of the said housing construction plan was obtained, and constructed a E apartment (such apartment (such as a unit of household), 48.63 type (11), 59.06 type (391 unit), 59.72 type (136 unit), 59.92 type (62 unit), 59.94 type (68 unit of household), and 59.94 type (68 unit of household); hereinafter referred to as “the apartment of this case”) on November 11, 2004.

The defendant around that time leased the apartment of this case to HC, LN, OG, and the remaining designated parties except for HC, LN, OG, and PV (attached Form Nos. 200, 319, 390, 432) and the designated parties, for five years, and conducted conversion for sale in lots from January 2010 when the lease obligation period (from January 2005 to December 2009) has elapsed.

E. Accordingly, the Defendant and the designated parties enter into a sales contract for each apartment recorded in the separate list of designated parties (hereinafter “each of the instant sales contract”) among the instant apartment units from January 2, 2010 to April 201, and the Defendant entered into a sales contract for each of the instant apartment units listed in the separate list of designated parties (hereinafter “each of the instant sales contracts”). The sales contract for each of the instant apartment units (hereinafter “each of the instant sales contracts”).