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(영문) 대법원 2015.12.23 2014다17206

부당이득금반환

Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. Determination on the assertion regarding the cost of housing site

A. (1) As to the grounds of appeal by the Plaintiffs, Article 15 of the former Rental Housing Act (wholly amended by Act No. 8966, Mar. 21, 2008; hereinafter the same) provides for the following matters: (a) in cases where a rental business operator sells rental housing constructed with funding from the National Housing Fund or constructed on a housing site created by a public project after the expiration of the mandatory rental period, the rental business operator shall preferentially convert the rental housing into lots to the lessee (paragraph (1)); and (b) the method, procedure,

(3) Article 13(3) of the former Enforcement Decree of the Rental Housing Act (wholly amended by Presidential Decree No. 20849, Jun. 20, 2008; hereinafter the same) provides that “Where a public rental house (excluding the publicly constructed rental houses under each subparagraph of Article 9(5)) is converted for sale under Article 15(1) and (2) of the Act, the standards for calculating the pre-sale conversion price shall be based on Article 9(5) of the Act, and the method and procedure for conversion for sale shall be governed by Ordinance of the Ministry of Land, Transport and Maritime Affairs,” and Article 3-3(1) of the former Enforcement Rule of the Rental Housing Act (wholly amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 19, Jun. 20, 2008; hereinafter the same shall apply) provides that “The standards for calculating the pre-sale conversion price for the publicly constructed rental house under Article 9(5) of the Decree are [Attachment 1].”

Meanwhile, Article 3-3 (1) [Attachment 1] of the former Enforcement Rule of the Rental Housing Act shall be the Korea National Housing Corporation and other public institutions.