beta
(영문) 수원지방법원성남지원 2012.09.05 2011가합13711

부당이득금반환

Text

1. The defendant attached Form to the plaintiffs

2. The "amount of discount" in the calculation sheet shall be the amount equivalent to each stated, and shall be the same.

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 the same shall apply) obtained approval from the Mayor of Incheon Metropolitan City on October 31, 2001 for a new construction of joint rental housing in Incheon Bupyeong-gu B, C, and D, Incheon E.

B. On September 2003, the Defendant decided to construct and lease 20 G Apartment-dong 1,873 households, a publicly constructed rental house, on the ground of the land of Bupyeong-gu Incheon, Bupyeong-gu, Incheon (hereinafter “instant apartment”), and publicly announced the recruitment of occupants as follows. Around that time, the Defendant agreed to lease the said apartment to the Plaintiffs for five years.

The time of conversion for sale in lots: From the first day of the month following the month in which the first period of designation of occupancy in lots ends: The basis for calculating the conversion for sale in lots from the date of occupancy to the date of conversion for sale in lots pursuant to Article 13(2) of the Enforcement Decree of the Rental Housing Act: The conversion price for sale in lots under [Attachment Table 1] of Article 3-3 of the Enforcement Rule of the Rental Housing Act shall be the arithmetic mean of the cost of construction and the appraised value, and shall not exceed the amount calculated by deducting depreciation costs during the rental period

C. On August 2010, the Defendant sent a written notice to the occupants of the instant apartment, including the Plaintiffs, to conclude a sales contract, as the mandatory rental period of the instant apartment was exceeded and the conversion period for sale in lots came. Accordingly, the Plaintiffs were between the Defendant and the instant apartment between August 2010 and October 2010.

2. The term "Dong and lake" in the calculation table means that each apartment unit in the same calculation table is purchased as the sale price, such as the statement in the same calculation table.