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(영문) 서울고등법원 2016.10.21 2015나2042924

부당이득금

Text

1.The judgment of the first instance shall be modified as follows:

2. Attached Form to the defendant

3. The plaintiffs (appointed parties) in the quoted sheet and.

Reasons

Basic Facts

The court's reasoning on this part is as follows, with the exception of the deletion of "the fourth page of the judgment of the court of first instance" as the part of "1. Basic Facts" from the third to fourth page 13 of the judgment of the court of first instance, and this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act, since it is the same as the part of "1. Basic Facts" from the third to fourth page 13 of the judgment of the court of first instance. (unit size : unit size : 59.58.22. 2. 9613. 82. 413. 82. 8413. 864. 864. 864, 2170. 11. 852. 12. 12. 20723 Plaintiffs' assertion that the sale price of each of the instant case was paid from the plaintiffs related to the sale conversion price in violation of the former Rental Housing Act. Therefore, the part of the sale price in excess of the sale price is invalid.

5. The entry into the relevant Acts and subordinate statutes;

2) The pre-sale conversion price for publicly constructed rental housing for the five-year rental term of the instant apartment to the instant apartment is the Rental Housing Act (amended by Act No. 12704, May 28, 2014; hereinafter “former Rental Housing Act”).

(1) Article 21(1) and (10) of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 24619, Jun. 17, 2013; hereinafter “former Enforcement Decree of the Rental Housing Act”)

(5) Articles 13(5) and 23(8) of the former Enforcement Rule of the Rental Housing Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 18, Jul. 3, 2013; hereinafter “amended Enforcement Rule”)

Article 9(1) [Attachment 1] Standard for Calculation of Sales Price for Publicly Constructed Rental Housing (hereinafter “instant attached Table”)

Pursuant to subparagraph 1 (b), the value shall not exceed the arithmetic mean of the construction cost and the appraised value.