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(영문) 창원지방법원진주지원 2014.04.30 2013가합2613

부당이득금 반환

Text

1. The defendant shall pay to the plaintiffs the amount of money stated in attached Form 2. The "official fee" in attached Form 2. The amount of money and the first one among them.

Reasons

1. Basic facts

A. On December 11, 1996, the Gyeongnam-do governor issued a public notice of 1996-28 on December 11, 199, pursuant to Articles 12(1) and 13(4) of the former Urban Planning Act (amended by Act No. 5453, Dec. 13, 1997) and Article 6 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 15799, May 19, 198), issued a public notice of the Jinju-si Urban Planning Plan on a housing site creation project, and approved and publicly notified the implementation plan on the housing site creation project under Articles 25 and 26 of the former Urban Planning Act and Articles 26 and 27 of the Enforcement Decree of the same Act.

B. On December 31, 1996, the Defendant was a local government-invested public corporation established by Gyeongnam-do pursuant to Article 49 of the Local Public Enterprises Act. Around February 25, 1997, the Defendant completed the registration of ownership transfer on the ground of an agreement on the acquisition of public land with respect to B large 21,156.8 square meters (hereinafter “instant land”).

C. On October 10, 201, the Defendant newly constructed C Apartments (total of six units, 450 units, hereinafter “instant apartments”) on the instant land, and then publicly announced the first announcement on October 10, 201, and leased each of the households indicated in attached Table 3, “the same number” column among the instant apartments to the Plaintiffs around October 14, 2003 after undergoing the pre-use inspection on September 24, 2003.

On the other hand, the sale area and the number of households of the apartment of this case are as shown below (attached Table 1).

[Attachment 1] The unit area for the exclusive use of Pyeongtaek-dong shall be 31 square meters, 101 square meters, 102 84.74 square meters, 205.22 square meters 160 square meters, 106.106 square meters, 74.88 square meters, 14.35 square meters, 140 square meters, 103 square meters, 104, 106 (5.6) 18.23 square meters and 150 square meters, 77.65 square meters and 150

D. Upon the lapse of five years from the lease period of the instant apartment, the Defendant shall calculate the construction costs of the instant apartment in the amount indicated in the “Defendant Construction Costs” column in attached Form 3. The Defendant shall set the sales prices into the respective amounts, and the amount less than KRW 1,000 out of the average amount of the above construction costs and the average amount of the appraisal prices of the two appraisal agencies, whichever is less than KRW 1,00.