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(영문) 서울고등법원 2013.09.11 2012나96016
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts and relevant Acts and subordinate statutes;

A. Under Article 16 of the former Housing Act (amended by Act No. 7959 of May 24, 2006, hereinafter “former Housing Act”), the Defendant newly constructed a public rental apartment (hereinafter “lease apartment”) which is a public rental apartment (hereinafter “instant rental apartment”) with the approval of the public rental housing construction from the Sungnam market on March 28, 2006 in accordance with Article 38(1)1 of the former Housing Act, and newly constructed a new public rental apartment (hereinafter “instant rental apartment”) with six Dong-dong, 470 households in total, and 10 years of rental obligation.

B. The Defendant, while publishing the first lease deposit and rent in this case, determined and publicly announced as follows. The first lease deposit and rent in this case were 00: (a) the former Rental Housing Act (amended by Act No. 8015, Sept. 27, 2006; hereinafter “former Rental Housing Act”); (b) the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 19975, Mar. 27, 2007; hereinafter “former Enforcement Decree of the Rental Housing Act”); (c) the standard lease deposit and rent for rental of the former rental housing (amended by Presidential Decree No. 2004-70, Apr. 2, 2004; (d) the standard rental deposit and rent for 205m250,000 per annum with the annual maturity of 3.45%; and (e) the amount calculated based on the rate of 3.45% per annum, 2014.75m27.405 m205 m207.74.7

C. Each of the instant cases.

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