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(영문) 수원지방법원성남지원 2015.04.24 2012가합202167

부당이득금

Text

1. The Defendant stated in the “personal amount” column corresponding to the attached calculation sheet to the Plaintiff S, T, U,V, W, and X, respectively.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (hereinafter “Defendant”) obtained approval from the Mayor of Bupyeong-gu Incheon Metropolitan City on October 31, 2001 for a housing construction project plan that newly constructs public rental housing in Bupyeong-gu Incheon Metropolitan City on the following grounds: (a) the Korea National Housing Corporation (the Korea Land Corporation was merged with the Korea Land Corporation on October 1, 2009; and (b) the Defendant was not divided before and after the merger; (c)

Pursuant to Article 13(2) of the Enforcement Decree of the Rental Housing Act, the base for calculating the pre-sale conversion price for a lessee who has not resided in the relevant rental house from the date of occupancy to the date of pre-sale conversion under Article 13(2) of the Enforcement Decree of the Rental Housing Act: The pre-sale conversion price under [Attachment Table 1] 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 from the housing price calculated at the time of the initial

B. On September 30, 2003, the Defendant decided to construct and lease 20 units of AAA apartment units (hereinafter “instant apartment units”) on the land of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and publicly announced the recruitment of occupants as follows.

C. From October 29, 2003 to October 31, 2003, the Defendant concluded a lease agreement with the tenants listed in the “priority buyers” column 1 to 24 of the attached Table Nos. 1 to the same month by setting the lease period as five years for each apartment entered in the “Dong and lake” column of the same Table among the apartment of this case.

The defendant, around February 3, 2010, notified the occupants of the apartment of this case that the term of lease of the apartment of this case expires on July 31, 2010, and notified the lessee that the procedure for conversion of the apartment of this case will take place for three months from August 2010, and around July 9, 2010, under the Enforcement Rule of the Rental Housing Act.