부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions of evidence Nos. 1 and 2 and the purport of the entire pleadings:
The defendant constructed B apartment (hereinafter referred to as "the apartment of this case") and its incidental facilities as public construction rental housing on the ground, such as Daegu Northern-gu, A, and leased the apartment of this case to the plaintiffs, etc. around that time.
B. Five years have passed since the mandatory rental period of the apartment of this case, and the defendant obtained approval from the head of Daegu North Korean Office on May 6, 2009 for conversion of the rental house in lots.
At the time, the Defendant calculated the construction cost of the apartment of this case, and set the conversion price by partially discounting the amount from the arithmetic mean of that and the appraised value.
Specific details are as follows:
Pized construction costs: (A) KRW 23 (A) 65,483,274 won 98,119,00 won 81,801,137 won 81,50,000 won 23 (B) 65,074,883 won 98,119,000 won 81,596,941 won 81,500,500 won 304,129,029 won 134,05,000 won 109,092,014 won 109,000,000 won
C. The Defendant calculated the housing price at the time of the initial recruitment of occupants, one of the elements for calculating the above construction cost, based on “construction cost” and “housing site cost,” and the construction cost was the standard construction cost according to the notification of the Minister of Land, Transport and Maritime Affairs, and the housing site cost was the acquisition price of the instant apartment site supplied by the Korea Land Corporation.
At the time of approval of the above conversion for sale, the plaintiffs entered into a sales contract with the defendant for each individual house stated in the table "Dong" in the attached table of conversion for sale in lots and paid the purchase price to the defendant.
2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;
3. Determination as to the cause of action
A. The pre-sale conversion price of the instant apartment that is the cause of the Plaintiffs’ claim is the construction cost according to the relevant statutes.