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(영문) 수원지방법원성남지원 2015.05.08 2012가합200048
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (hereinafter “Defendant”) obtained approval for the housing construction plan pursuant to Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6841, Dec. 30, 2002; hereinafter the same) from the Jeonyang-si Do governor around June 30, 200 in order to construct B apartment (hereinafter “instant apartment”) which is a public rental house in Gwangju-si (hereinafter “instant site”) in order to construct B apartment (hereinafter “instant apartment”).

B. On November 1, 2001, the Defendant announced the invitation of occupants to the apartment of this case, and completed the apartment of this case with 10 Dong, 704 households around September 2002. Since then, the Defendant entered into a lease agreement with the occupants of the apartment of this case as to each of the above households.

C. Around April 2008, the Defendant publicly announced that the procedure for conversion for sale in lots will take place upon the expiration of the lease term of the apartment of this case. ① The Defendant concluded a lease agreement with the Defendant as to each corresponding number of the apartment of this case stated in the “the calculation table of unjust enrichment by Plaintiff C, etc.” and paid the sales price after entering into the sale contract with the Defendant from April 2008 to April 2008 with respect to each corresponding number of the above apartment of this case, including Plaintiff C, D, E, F, G, H, J, J, K, L, M, M, N, P, P, P, P, P, Q, Te, T, U, V,W, X, Z, Z, AAB, AB, AC, and AD (hereinafter “Plaintiff C, etc.”), and the remainder of the Plaintiffs except the Plaintiff C, AE, AF, AG, AH, and AI.

Plaintiff

C, etc. from the defendant around August 2008.

As described in the paragraph, each of the same subparagraph was sold to the general public in attached Table 2, stating "the calculation table of unjust enrichment by plaintiff" remaining after the preferential sale.

E. The plaintiff AE is related to the sale price that the AJ has against the defendant as the first buyer of the apartment of this case 102 Dong 1301 died.

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