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(영문) 수원지방법원성남지원 2012.07.11 2011가합11685

부당이득금

Text

1. Attached Form

2. The plaintiff's "amount of figures" column of the same calculation sheet shall be written on each of the plaintiffs stated in the column.

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 the same shall apply) decided to construct and lease D apartment units (the name was changed to E apartment units) on the ground of Chungcheongnam-gun A in 2008 after obtaining approval of the housing construction project plan in the B district on December 29, 199. On July 16, 2001, when the construction is underway, the first public notice of the recruitment of occupants was issued on October 31, 2002, and the construction was completed with 280 households of the above 4-dong apartment units (hereinafter the “instant apartment”).

B. At the time of the public announcement of the recruitment of occupants, the Defendant: (a) 5 years from the following day of the month following the month during which the initial period for designating occupancy in the housing unit falls; and (b) the standard for calculating the pre-sale conversion price shall be the average price between the construction cost and the appraisal price under the Rental Housing Act; Provided, That even in this case, the construction cost 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 in lots; and (c) the construction cost shall be determined by adding the interest on

2. Of the plaintiffs indicated in the calculation table, the rest of the plaintiffs except plaintiffs F and the plaintiff G, H and I (hereinafter collectively referred to as "Lessees who concluded a sales contract") entered into a lease agreement with the defendant on the apartment of this case.

C. Since then, the Defendant issued a notice to enter into a sales contract to the occupants after setting the period from December 1, 2007 to January 31, 2008 as the period of conversion for sale in lots, and then the lessee who entered into the sales contract has entered into the sales contract.

2. The "sale price" in the calculation table is the apartment of this case as the sale price equivalent to the stated amount.