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(영문) 수원지방법원성남지원 2015.08.28 2013가합3183
부당이득금반환
Text

1. The Defendant stated the Plaintiffs’ “amount of discount” in the attached calculation sheet as to each relevant money and its related matters on March 2013.

Reasons

1. Basic facts

A. On October 31, 2001, the Korea National Housing Corporation (the Defendant was established on October 2, 2009 under the Korea Land and Housing Corporation Act, and comprehensively succeeded to the property, claims, debts, and other rights and obligations of the Korea National Housing Corporation; hereinafter “Defendant”) obtained approval of a project plan from the Incheon Metropolitan City Mayor on October 31, 2001 to construct and lease public rental apartment units (hereinafter “instant apartment”) on the one block of the Incheon Bupyeong-gu AU Housing Site Development Project District (hereinafter “instant apartment”).

B. On September 2003, the Defendant first announced the apartment of this case, and leased the apartment of this case to the occupants for five years as the publicly constructed rental house.

C. Since August 2010, the period of mandatory lease of the apartment of this case and the period of sale for sale for sale in lots arrived, the Defendant entered into a contract for sale in lots with the occupants on each apartment as stated in the column for the “Defendant's Sales Price” in the attached Table of Calculation Table among the apartment of this case (hereinafter referred to as the “each contract for sale in lots”), and the occupants paid the total amount of the sale price to the Defendant around that time.

The plaintiffs are those who have taken over the claim for return of unjust enrichment against the defendant from the buyer, the buyer, or the buyer who has taken over the status of the sales contract from the buyer.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 3, 5 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' alleged housing site cost is calculated as 70% of the cost of housing site development in accordance with the housing site development work guidelines, which is a statutory order, and when the construction cost is claimed as the actual construction cost, this exceeds the upper limit, and thus the legitimate sale price is the amount obtained by deducting the depreciation cost from the calculation price.

Therefore, the defendant.

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