부당이득금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Basic facts
A. On December 10, 2001, 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 Governor of Gyeonggi-do for a housing construction project plan to newly build public rental housing units on the BB block in the Seosung-si B project zone pursuant to Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6655, Feb. 4, 2002; hereinafter the same shall apply) from the Governor of Gyeonggi-do on December 10, 201.
B. On September 9, 2004, the Defendant leased the instant apartment (hereinafter “the instant apartment”) after completing the construction, and around October 2009, when five years have elapsed since the mandatory lease period of the instant apartment, the period of conversion for sale came. The Defendant announced that the construction cost of a household corresponding to 60.90 square meters of the instant apartment was KRW 95,184,00, KRW 75.79, KRW 118,242,00, KRW 84.87 square meters, and KRW 132,02,00,000, KRW 132,028,000, and around that time, the construction cost of a household corresponding to 60.9 square meters of the instant apartment.
Accordingly, the Plaintiffs entered into each of the instant apartment units as indicated in the “instant apartment unit, lake,” column in the attached Table 1 list with the Defendant (hereinafter “each of the instant apartment units sales contracts”).
C. The Plaintiffs paid to the Defendant the sales price under each of the instant sales contracts.
[Ground of recognition] Facts without dispute, Gap evidence 1 (including each number, hereinafter the same shall apply), Eul evidence 1 to 3 and 16, and the purport of the whole pleadings
2. The parties' assertion
A. The reasonable pre-sale conversion price of the instant apartment should be calculated in accordance with the criteria prescribed by relevant statutes, such as the former Rental Housing Act (amended by Act No. 9863, Dec. 29, 2009; hereinafter the same). The Defendant exceeded the amount from the Plaintiffs.