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(영문) 수원지방법원성남지원 2015.04.15 2013가합4568

부당이득금반환

Text

1. All claims filed by the plaintiffs (appointed parties) and the designated parties are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On August 20, 197, the Korea National Housing Corporation (hereinafter “Defendant”) obtained approval from the Governor of Jeollabuk-do to construct an apartment of 18 Dong-dong 1,460 units (hereinafter “instant apartment”) and supply it for public lease, public sale, or workers’ welfare apartment on the scale of 18 square meters on August 20, 1997, with the content that the Defendant constructed an apartment of 18 Dong-dong 1,460 units (hereinafter “instant apartment”) on the scale of 54,718 square meters created under the Housing Site Development Promotion Act, and subsequently, obtained approval for modification of the housing construction project plan with the content that the instant apartment is to be supplied as a public rental apartment for five years.

B. Around June 26, 2000, the Defendant issued a public announcement of invitation of the present apartment from 301 to 308 units among the instant apartment units (hereinafter “the instant primary apartment”). On November 17, 2000, with respect to the instant apartment units with 309 to 318 units among the instant apartment units (hereinafter “the instant secondary apartment”), the Defendant announced of the public announcement as shown in the table below with respect to 755 units from 309 to 318 units among the instant apartment units.

Type of household units shall have the exclusive residential area of 19:20: 19: 205: 15-20 49.86.86 15.86 73.854 23: 420: 15-20 15.429.429. 18.296 8.0162 23: 80 80 5.20 86.218. 656 86. 46. 86. 16. 22. 198. 2. 198. 2. 198. 45. 2. 2. 1987. 2. 2. 1988. 198. 4. 25. 1985 7. 1984. 1984. 1985 7. 1984. 24. 1985

C. The Defendant completed the instant first apartment on June 13, 2001, and the second apartment on June 24, 2002, respectively, and leased the instant first and second apartment to the buyer for five years at each time of completion.

As the period of mandatory lease of the apartment of this case has elapsed five years, the period of sale for sale for sale in lots has arrived, the defendant, from November 27, 2006 to December 29, 2006, issued a public notice of sale for sale in lots, and thereafter between the plaintiff (Appointed Party A) and the 3 to 299 designated parties, including the plaintiff (Appointed Party A).