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(영문) 수원지방법원성남지원 2015.05.29 2012가합4882
부당이득금반환
Text

1. The defendant's "net" column of the annexed calculation sheet is as follows: the plaintiffs listed in 1 to 168 in the annexed calculation sheet are as follows.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 5; and (c) Nos. 1 and 5 (including each number if any); and (d) the purport of the entire pleadings as a result of the fact inquiry into the inside market of this court.

On October 1, 2009, the Korea National Housing Corporation (the Korea National Housing Corporation was merged with the Korea Land Corporation, and accordingly, the Defendant comprehensively succeeded to the property, claims, debts, and other rights and obligations of the Korea National Housing Corporation and the Korea Land Corporation; hereinafter referred to as the “Defendant”). On September 30, 1999, the Korea National Housing Corporation (the Korea National Housing Corporation was incorporated as the Defendant, and accordingly, the Defendant comprehensively succeeded to the property, claims, and obligations of the Korea Land Corporation; hereinafter referred to as the “Defendant”) obtained the approval of the housing construction project plan with the content of constructing public rental apartments (hereinafter referred to as the “instant apartment”) on the land zone located in Ansan-dong-dong Land Partitioning project zone from the

B. Meanwhile, on January 7, 1999, the Defendant concluded a sales contract with the content of KRW 7,181,000,000 for the sales price as to the project site and the instant project site.

C. On May 21, 2001, the Defendant announced the invitation of occupants to the apartment of this case. On December 17, 2001, the apartment of this case was completed, and each of the households of this case and the Plaintiffs entered into a lease contract with each of the apartment of this case.

Since then, upon the arrival of the conversion period for sale in lots, the defendant calculated the money stated in the "sale price" column of the attached calculation sheet for each of the plaintiffs and the households of the apartment of this case as the sale price, from December 2007 to the conclusion of each sale contract with the plaintiffs on the relevant apartment as stated in the "Dong-ho" column of the same Table as the plaintiffs (hereinafter "each sale contract of this case"), and the plaintiffs paid all of the sale price to the defendant.

2. The parties' assertion

A. The former Enforcement Rule of the Rental Housing Act, which was applied at the time of May 21, 2001, which was the first announcement date of the plaintiffs' invitation of invitation of residents, shall be September 1, 2002.

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