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(영문) 서울고등법원 2013.08.16 2012나76470

부당이득금반환

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

Basic Facts

A. The Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged with the Defendant on October 1, 2009; hereinafter “Defendant”) obtained approval from the Mayor of Incheon Metropolitan City on October 31, 2001 for a new public rental housing construction project plan that newly constructs public rental housing in Incheon Bupyeong-gu B, C, and D Day E from the Mayor of Incheon Metropolitan City on October 31, 2001.

B. On September 2003, the Defendant decided to construct and lease 20 G Apartment-dong 1,873 households, a publicly constructed rental house (hereinafter “instant apartment”) on the ground of the land of Bupyeong-gu Incheon Bupyeong-gu, Incheon. The Defendant publicly announced the invitation of occupants as follows, and around that time, attached Table

1. The Plaintiff’s list Nos. 1 through 96, and Nonparty DG, DH, DI, DJ, DJ, DK, DL (the same name is the same as the Plaintiff’s list No. 102 DD), DM, and DN, each apartment unit on the pertinent calculation table (DG is the Plaintiff’s CY No. 97; DH is the Plaintiff’s DY No. 98; DH is the Plaintiff’s DO No. 99; DJ is the Plaintiff’s DB No. 100; DJ is the Plaintiff’s DB No. 101; DD is the Plaintiff’s No. 102; DM is the Plaintiff’s No. 103; and DF is the Plaintiff’s lease for 1045 years, respectively).

The time of conversion for sale in lots: From the 1st of the month following the month in which the first period of designation of occupancy in lots ends: The basis for calculating conversion for sale in lots for tenants who have not resided in the relevant rental house from the date of occupancy to the date of conversion for sale in lots under Article 13 (2) of the Enforcement Decree of the Rental Housing Act: The conversion price for sale in lots under [Attachment Table 1] of Article 3-3 of the Enforcement Rule of the Rental Housing Act shall be the arithmetic average of the cost of construction and appraisal, and shall not exceed the amount calculated by deducting

C. The defendant, around August 201, shall raise an objection.