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(영문) 대법원 2015.04.23 2013다211193

부당이득금

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. Attached Form;

1. Attached Form from the plaintiffs on the list of plaintiffs

2. As to the grounds of appeal by the plaintiffs, other than plaintiffs, AJ, and CN in the list of general buyers

A. As to the assertion regarding the calculation standard of housing site cost, Article 21(1) and (10) of the former Rental Housing Act (amended by Act No. 9863, Dec. 29, 2009); Articles 23(7) and 13(5) of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 21744, Sept. 21, 2009); Articles 14 and 9(1) of the former Enforcement Rule of the Rental Housing Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 194, Dec. 16, 2009) provide that when the pre-sale conversion is made in preference to the lessee of the publicly constructed rental house with an exclusive use area of not more than 85 square meters constructed with funding from the National Housing Fund or constructed with a housing site developed by a public project, the pre-sale conversion price shall be calculated in accordance with the attached Table 1 [Attachment 1].

In addition, the attached Table of this case provides that the pre-sale conversion price of rental housing, the mandatory rental period of which is five years, shall be the arithmetic mean of the construction cost and the appraised value (paragraph (1) (b). Here, the construction cost shall be calculated as the "self-interest on the housing price at the time of initial recruitment of occupants - depreciation cost" and the housing price at the time of initial recruitment of occupants shall be the aggregate of construction cost and housing site cost (paragraph (2) (a) (i)). Among them, the housing site cost shall be the aggregate of the housing site cost developed and supplied by the State, a local government

(A) In the case of supply price (as referred to in paragraph 2(d)(ii)(a)(hereinafter referred to as “the provision of the attached Table of this case”) the rental business operator acquires or owns a housing site which is not a public housing site.