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(영문) 수원지방법원성남지원 2012.08.16 2010가합14816
부당이득금
Text

1. The defendant

A. Attached Nos. 1 through 8, 10, 36 through 41, 45 through 47, 92, 96, 100, 107, 110, 114.

Reasons

1. Basic facts

A. The Korea National Housing Corporation [the Korea National Housing Corporation was dissolved on October 1, 2009 pursuant to Article 7 and Article 8 of Addenda of the Korea National Housing Corporation Act (amended by May 22, 2009), and the Defendant established on the same day comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation; hereinafter “Defendant” is referred to as “Defendant”) obtained approval from the Mayor of Bupyeong-gu Incheon Metropolitan City on October 31, 2001 for a housing construction plan that newly constructs joint rental housing construction project with the Mayor of Bupyeong-gu Incheon Metropolitan City.

B. Around September 30, 2003, the Defendant made a public announcement of invitation of invitation as follows in order to lease the total of 1,873 households of Bupyeong-gu Incheon, Bupyeong-gu 20 (hereinafter “instant rental apartment”) which is a public rental apartment.

Pursuant to Article 13(2) of the Enforcement Decree of the Rental Housing Act, the basis for calculating the pre-sale conversion price for a lessee who has not resided in the relevant rental house from the date of occupancy to the date of conversion for sale: The pre-sale conversion price under [Attachment Table 1] of Article 3-3 of the Enforcement Rule of the Rental Housing Act shall be the arithmetic mean of the cost of construction and the appraised value, and shall not exceed the amount calculated by deducting depreciation costs during the rental period from the housing price calculated at the time of conversion for sale for sale. Construction costs: The self-interest of the housing price

C. The Defendant entered into a lease contract with the Plaintiffs on a five-year rental period, which is the mandatory rental period, with respect to each of the relevant apartment units as stated in the attached Table 2’s “object ①” column among the instant rental apartments.

The defendant around February 3, 2010 notified the plaintiffs that the term of lease of the instant rental apartment will expire on July 31, 2010 and that the conversion procedure for the sale of the leased apartment will proceed with for three months from August 2010, and the plaintiffs around July 9, 2010 pursuant to Article 9 of the Enforcement Rule of the Rental Housing Act.

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