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(영문) 서울고등법원 2013.10.10 2012나102195

부당이득금

Text

1. Of the part against the plaintiffs other than the plaintiffs A of the judgment of the first instance, the above plaintiffs against the defendant.

Reasons

1. The Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation merged with the defendant on October 1, 2009; hereinafter collectively referred to as the "the defendant") obtained approval of a housing construction project plan under Article 33 (1) of the former Housing Construction Promotion Act with respect to the construction of public-sale apartment on the above zone C and D block on December 29, 1998 after implementing the housing site development project in the Dongducheon-si Housing Site Development District designated as the planned housing site development district on April 24, 1996. < Amended by Act No. 5194, Dec. 29, 2001>

Accordingly, the defendant, on December 200, issued the first public announcement of the apartment of 577 households in Dong-gu, Dong-gu (hereinafter "the apartment of this case"), and completed the construction of the apartment of this case on June 17, 2003, and leased it for five years from the publicly constructed rental house around that time.

After that, on August 2008, the Defendant applied the standard construction cost to the apartment of this case and calculated the pre-sale conversion price by applying 100% of the housing site development cost to the housing site development cost and publicly announced the sale conversion price.

Plaintiff

The Plaintiffs, except A, entered into each lease agreement with the Defendant on the instant apartment, and entered into each sales contract on each apartment as stated in the attached Table 2 “Dong-ho” column among the instant apartment after the public announcement of the sale in lots.

In addition, the above plaintiffs paid each of the money stated in the "Defendant Calculation Price" in the attached Form 2 calculation sheet to the defendant as sale price, and completed the registration of ownership transfer with respect to the relevant household among each of the apartment units of this case on the "registration date prior to the registration date"

On the other hand, the relevant Acts and subordinate statutes on the instant case are as shown in attached Table 4.

[Ground of recognition] Unsatisfy, Gap 1, 3 evidence, Eul 1, 2, 6 through 9 (including virtual numbers).