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(영문) 대전지방법원홍성지원 2012.08.30 2011가합1696

부당이득금

Text

1. The defendant shall select the designated parties listed in the attached Table 3 among the plaintiffs (appointed parties) and the designated parties listed in the attached Table 1 list.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009; hereinafter “Defendant”) decided to construct and lease C Apartments, a public rental housing unit (hereinafter “the apartments of this case”) on the land in Chungcheongnam-nam B, and agreed to lease the apartments of this case to lessees including the Plaintiff, for five years upon completion on November 2001.

B. Around July 2006, the Defendant sent a notice to the occupants of the apartment of this case including the Plaintiff to conclude the sales contract, and accordingly, the Plaintiff and the designated parties (However, the designated parties listed in the separate sheet No. 2 among the designated parties did not directly conclude the sales contract with the Defendant, and they specifically succeeded to the purchase of each of the relevant apartment from the buyers listed in the first buyer column listed in the separate sheet No. 2) during the period from November 15, 2006 to December 14, 2006, each apartment mentioned in the separate sheet No. 4 in the separate sheet No. 3 of this case among the apartment of this case is "sale contract of this case".

(c) The provisions of the relevant laws and regulations applicable to this case are as listed in the separate sheet No. 5. [based on recognition] The facts that there is no dispute, and evidence No. 1 to No. 4 (if any, including a serial number; hereinafter the same shall apply).

(2) The statement of No. 2, No. 3, and the purport of the whole pleading

2. The assertion and judgment

A. Article 18(1) of the Housing Site Development Work Guidelines for calculating the pre-sale conversion price of the apartment of this case asserted by the Plaintiff

3. It shall be calculated at 70% of the development cost according to the standards for the supply price of housing sites, and the construction cost shall be the construction cost.