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(영문) 서울고등법원 2014.01.28 2013나2014253

부당이득금반환

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs listed in the annexed list 1.1 and 2.

Reasons

1. Under the main sentence of Article 17 of the Civil Procedure Act, the following facts are stated as follows: (a) the unit area of a household with a type of basic facts (land size) is 503 63.62.62 14.62.62 63.92 63.92 2.07.495 74.495 74.5201 2676,766,006. 6.06 6.06. 16.46.36.05 6.05 2.0713 2.07.495 76.2367,058,000 7.2367,000 127.27,000 127.14,000 2,000 37,000 1,000 17.14,001 and 17,017.

2. Determination on the plaintiffs' claims

A. Summary of the plaintiffs' assertion

B. The mandatory provisions of relevant statutes, such as the Rental Housing Act, concerning standards for calculating pre-sale conversion conversion;

C. The court’s calculation method of pre-sale conversion

(a) through (c);

The reasoning for the part of the judgment of the court of first instance is the same as that for the corresponding part of the judgment of the court of first instance, and thus, it is cited by the main text of Article 420 of the Civil Procedure Act

The allegations by the parties as to the application of the housing site development work guidelines at the time of the first tenant recruitment notice. The plaintiffs asserted that the housing site cost should be calculated by applying the discount rate of 70% in other areas except Seoul Metropolitan area and Busan Metropolitan City and Metropolitan City under the Housing Site Development Work Guidelines (hereinafter referred to as the "Guidelines") in accordance with the Housing Site Development Work Guidelines, since the plaintiffs obtained approval on July 31, 1995 for the housing site development plan on July 5, 1995, but the alteration of the housing site development plan and the implementation plan was approved on October 5, 1995.

As to this, the defendant is the apartment of this case, which is a public rental housing on July 31, 1995, before the enactment of the guidelines of this case.