부당이득금반환
1. Each part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiffs against the defendant as to the above revoked part.
1. Facts of recognition;
A. The Korea National Housing Corporation (hereinafter “Defendant”) purchased from the Korea Land Corporation on September 29, 1995 the land at KRW 6,696,572,620 (hereinafter “instant land”) of KRW 80% of the development cost, from the Korea Land Corporation at KRW 6,696,572,620, the housing construction approval for the instant land on March 27, 2000, and from the Kim Sea Market on November 1, 200, the housing construction alteration project approval for the public lease of the said housing on November 1, 200.
B. On September 30, 200, the Defendant commenced a total of 495 households with a total floor area of 37,320.639 square meters (hereinafter “instant apartment”) with a total of 37,320.39 square meters (hereinafter “instant apartment”) 72.361 square meters (hereinafter “72A2 type”) with a supplied area of 72.361 square meters (hereinafter “72A2 type”), 171 households with a supplied area of 72.043 square meters (hereinafter “72 B type”), 495 square meters with a supplied area of 83.477 square meters (hereinafter “83 square meters”) based on the supplied area, and completed the first public announcement on November 6, 200, and completed the first public announcement on November 18, 2002.
C. From November 8, 2002, the Defendant: (a) leased the remainder of the Plaintiffs and MN as a public rental apartment for five years other than Plaintiff I Q (Attached 25 Nos. 225 and IR (Attached 1 Plaintiffs’ list); and (b) the period of conversion for sale comes after the lease for five years; (c) from April 2008, the Defendant entered into a sales contract with the remainder of the Plaintiffs to sell each of the corresponding units and numbers as stated in the attached Table 2 sale contract amount and claim amount (hereinafter referred to as “each of the instant sales contract,” including the sales contract concluded with MN; and (d) the sales contract with MN to sell 204 units and 1503 units of the instant apartment among the instant apartment; and (e) according to each of the instant sales contracts, the remainder of the Plaintiffs are attached Table 2 to the Defendant.