The reasoning of this part of the judgment is the same as that of the corresponding part of the judgment of the court of first instance.

The Defendant asserted that each of the instant apartments was converted for sale in lots, and calculated the conversion price for sale in excess of the legitimate conversion price under the Rental Housing Act as follows.

In calculating the pre-sale conversion price for each apartment of this case, housing site cost should be calculated at 80% or 90% of the development cost according to the criteria for housing site supply price corresponding to rental housing sites in the Seoul Metropolitan area under attached Table 3 of Article 14(1) of the former Guidelines for the Management of Housing Site Development Business, but the defendant calculated housing site cost at 10% of the development

Since the Defendant’s 31,683,145,00 won out of the urban-based construction cost, including the cost of the housing site, is an amount that has not been actually borne or has not been executed, it should be excluded from the calculation of the cost of the housing site. In addition, the sales cost and general management cost should be determined by applying a specific superior coefficient ratio to the actual cost of the housing site, excluding the aforementioned

Building cost should be calculated based on the "actual construction cost", and the defendant calculated the pre-sale conversion price based on the "standard construction cost" of the notification of the Minister of Construction and Transportation, which is merely a presentation of the upper limit price.

Therefore, since the above sales contract is invalid in excess of the legitimate pre-sale conversion price, the defendant should return to the plaintiffs the difference between the pre-sale conversion price for the defendant's excessive pre-sale and the price for the pre-sale price reasonably fixed, and the damages for delay from the day after the payment date of each final

Judgment

The purpose of relevant laws such as the Rental Housing Act and the Rental Housing Act is to promote the construction of rental housing and to ensure the stability of national housing life.