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(영문) 수원지방법원성남지원 2012.06.27 2011가합12435

부당이득금

Text

1. The defendant attached Form to the plaintiffs

2. The "request amount" in the calculation sheet shall be the amount equivalent to the amount stated, respectively.

Reasons

1. Basic facts

A. On June 11, 1997, Bupyeong-gu Incheon Bupyeong-gu A Day was designated as B residential environment improvement district under the former Act on Temporary Measures for the Improvement of Residential Environments of Low-Income Urban Areas.

B. 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) was designated as the implementer of the residential environment improvement project for the said district on December 27, 1997, after obtaining approval of the housing construction plan on November 23, 1999, and completed the inspection of use on July 2005 after completing the construction.

C. Around November 2002 when the construction of the above apartment was in progress, the Defendant announced the recruitment of occupants of the apartment of this case to be newly constructed to the residents in the above zone where the residential building, etc. was demolished due to the implementation of the residential environment improvement project.

At the time of the public announcement of the recruitment of occupants, the Defendant, after five years from the following day of the month during which the initial period of designation of occupancy in the housing unit falls, shall be the construction cost and the average appraisal price under the Rental Housing Act. However, 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 unit calculated at the time of conversion for sale in lots, and the construction cost shall be determined by adding interest on the own fund during the rental period to the housing price at the time of the public announcement of recruitment

At that time, the Plaintiffs concluded each lease agreement with the Defendant regarding the instant apartment.

E. Since then, the Defendant issued a notice to conclude a sales contract to the occupants of the instant apartment after setting the period from September 1, 2010 to November 30, 2010 as the period of conversion for sale of the said apartment.