부당이득금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
1. Basic facts are as follows: on September 30, 2003, the Defendant offered a public announcement to rent 20 Bupyeong-gu Incheon, Bupyeong-gu, Incheon, which is a public rental apartment, a total of 1,873 households (hereinafter “the apartment of this case”), and leased the relevant apartment to the Plaintiffs for five years, which is the mandatory rental period (hereinafter “the lease of this case”).
On February 3, 2010, the Defendant notified the Plaintiffs of the purport that “the lease of this case terminates at the expiration of the period on July 31, 2010, and the procedure of converting the lease to the sale to the lessee from August 2010 shall proceed to the procedure of selling in lots,” and notified the Plaintiffs that “the sale conversion price shall be calculated (construction cost’s appraised amount) ± 2 amount” around July 9, 2010, the Defendant requested the Sam Chang Chang and the Central Appraisal Corporation to appraise the market price of the apartment of this case.
The Defendant calculated the standard construction cost, which was publicly announced in 2008, and the construction cost of the apartment site of this case, based on 100%, based on the calculation formula of the pre-sale conversion price, and calculated the arithmetic mean of the appraisal value and value of the apartment of this case.
The calculation amount exceeded the "amount obtained by deducting the depreciation costs during the rental period from the price of the relevant house calculated at the time of conversion for sale in lots based on the construction costs of rental housing and housing site development costs calculated on the basis of 100% of the standard construction costs and housing site development costs publicly notified by the Defendant in 208 (hereinafter referred to as "maximum price").
Accordingly, the Defendant entered into a contract to sell the relevant apartment unit (hereinafter “instant sales contract”) with the Plaintiffs by setting the corresponding amount entered in the “Defendant 2’s pre-sale conversion price” in the attached Table 2’s calculation sheet (hereinafter “instant pre-sale conversion price”) by reflecting the above upper limit price by floor, etc., and received all the sales price from the Plaintiffs.
[Grounds for Recognition] Nos. 1, 4, and 1 to 1.