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(영문) 서울고등법원 2016.02.25 2015나2027734

부당이득금

Text

1. The part of the first instance judgment against the defendant, excluding the part finalized by a judgment of remand, shall be revoked.

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 “Defendant”) obtained approval for a housing construction project plan under the former Housing Construction Promotion Act (wholly amended by the Housing Act by Act No. 6916, May 29, 2003; hereinafter the same) from the Governor of Gangwon-do on December 9, 2000 in order to newly construct and rent C apartment units, which are public rental housing units, for B workers in Taecheon-si, Taecheon-si, an existing downtown in Taecheon-si, Taecheon-si.

The area of a residential area of 20 m20 m20 m20 m20 m20 m20 m20 m20 m2617,59 m2617,59 m260 m2617,592,000 m2617.90 m20 m2617.97.90 m27.9694 7.8694 2460 m20 1384,561,000 m20

B. On September 30, 2002, the Defendant first publicly announced the recruitment of occupants with the following contents, and on July 2004, the Defendant completed the said apartment 39 households (hereinafter “instant apartment”).

C. At the time of the announcement of the recruitment of occupants, the Defendant, after five years from the following day of the month during which the initial period of designation of occupancy in the housing for sale was included, shall set the basis for calculating the pre-sale conversion price at the construction cost and the average appraisal price pursuant to the Rental Housing Act: Provided, That even in this case, the construction costs shall not exceed the amount calculated by deducting the depreciation costs during the rental period from the market price of the relevant housing calculated at the time of conversion for sale in lots, and the construction costs shall be determined by adding interest on the own funds during the rental period to the housing price

Plaintiff

The rest of the plaintiffs except M, JD, and MJ concluded each lease contract with respect to each of the households indicated in the attached Form 2 "Dong-ho, Dong-ho" column among the apartment of this case.

E. Upon the arrival of the time for selling the apartment in this case, the defendant's construction cost of the apartment in this case shall be the above calculation sheet.