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(영문) 인천지방법원 2013.11.12 2012가합11767

부당이득금반환

Text

1. The defendant shall pay to the plaintiffs each corresponding amount and each corresponding amount as stated in the attached Table 2 list.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (hereinafter referred to as the "Defendant") decided to construct and lease B apartment, a public construction rental apartment (hereinafter referred to as the "lease apartment of this case"), within the Bupyeong-gu Incheon Metropolitan City District (hereinafter referred to as the "instant project district"), which is a housing site directly developed by it, and commenced construction work of the leased apartment of this case on October 25, 1996 after obtaining approval of an implementation plan for the housing site development project pursuant to the Housing Site Development Promotion Act from the Mayor of Incheon Metropolitan City on October 25, 1996 after obtaining approval of the implementation plan for the housing site development project pursuant to the Housing Site Development Promotion Act.

B. The Defendant announced the first invitation of occupants on August 31, 1998, and completed the instant rental apartment around August 200, and thereafter leased the instant rental apartment as the publicly constructed rental house for five years (from December 1, 2000 to November 30, 2005).

C. As the mandatory lease period of the leased apartment of this case was exceeded, the Defendant publicly announced that the conversion for sale was conducted from December 2005, and that the conversion for sale was conducted for the leased apartment of this case, and notified the occupants of this notice to enter into the sale contract based on the pre-sale conversion price calculated by the Defendant, since the conversion for sale of the leased apartment of this case was conducted to the occupants.

Plaintiff

C and D, the rest of the Plaintiffs, except for C and D, concluded a lease agreement with the Defendant on the instant leased apartment. From January 2006 to February 2, 2006, between the Defendant and the Defendant, they concluded a sales contract with each of the relevant apartment units listed in the attached Table 2 “Dong number” column of the attached Table 2, which they leased and resided therein, to purchase each of the relevant apartment units as indicated in the “sale price for sale in lots” column of the attached Table 2, and paid all the sales price to the Defendant around that time.

(However, the plaintiff E entered into a sales contract with the defendant on August 9, 2006. (e)

F The instant case between the Defendant and the Defendant.