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(영문) 수원지방법원성남지원 2012.10.17 2011가합11005
부당이득금
Text

1. The Defendant’s selection is subject to KRW 265,297, respectively, to the Appointor J, K, L, M, N, P, Q, R, S, T, U, V, W, X,Y, Z and Plaintiff H and Plaintiff I.

Reasons

1. 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 the same shall apply) obtained approval of the housing site development plan with respect to the housing site development project in Ulsan-gu AA zone in Ulsan-gu on July 10, 1990, and obtained approval of the change of the housing site development plan and the implementation plan on July 29, 1994.

B. On the ground of the above land, the Defendant decided to construct and lease the Seoul AB apartment (hereinafter “instant apartment”) with 356 households, the public rental house, and the following tenant recruitment notice was given around January 1, 1996. Around that time, the Defendant agreed to lease the instant apartment to the Plaintiffs and the remaining designated parties for five years.

C. On July 2002, the Defendant issued a notice to the occupant of the instant apartment, including the Plaintiffs and the remaining designated parties, that the construction cost of the household corresponding to the 16th square meters of the instant apartment complex should be calculated as KRW 40,025,061, and the construction cost of the household corresponding to the 20th square meters should be calculated as KRW 49,626,42, respectively.

Accordingly, the plaintiffs and the remaining designated parties are attached to the apartment of this case from the defendant around October 2002 to the defendant around October 2002

2. The term “Dong and lake” in the calculation sheet means a contract under which each apartment unit is sold in the same way as the sale price in the same calculation sheet (hereinafter “each unit sale contract in this case”) was entered into, or a claim for return of unjust enrichment against the Defendant relating to the unit sale contract in this case, upon receipt of the registration of ownership transfer for the relevant Dong and lake from the owners before the filing of the lawsuit in this case.

The plaintiffs and the remaining designated parties paid all the above sales price to the defendant according to each sales contract of this case.

grounds for recognition.

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