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(영문) 서울고등법원 2013.08.16 2012나73662
분담금반환등
Text

1. Of the judgment of the court of first instance, the defendant against the Appointeds J, D, and E except the Appointeds (Appointeds) and the remaining Appointeds.

Reasons

Basic facts are based on the Korea National Housing Corporation (the defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009; hereinafter referred to as the "Defendant") after obtaining approval of the plan to improve the housing environment of the Gwangju Metropolitan City on September 1, 1997, the Korea National Housing Corporation (the "Defendant") decided to construct and lease some of the households among the households of the construction on July 7, 2000 when the construction is in progress (the 401 households of the above 44-dong apartment, the 103-dong and 104-dong and 182-dong and the 101-dong and 102-dong and 102-dong and 219-dong households are the public lease contents).

On October 2001, the defendant completed the above four apartment units (=182 households 219 households).

At the time of the public announcement of the invitation of occupants, the defendant, with respect to the above 101 units and 102 units and 219 units, has been 5 years from the following day of the month following the month during which the initial period of designation of occupancy was included, and the pre-sale conversion standard shall be the average price between the construction costs and the appraisal price under the Rental Housing Act: Provided, That even in this case, the transaction price of the relevant house calculated at the time of conversion for sale shall not exceed the amount calculated by deducting the depreciation costs during the rental period from the transaction price of the relevant house, and the construction costs shall not exceed the amount calculated by deducting the depreciation costs during the rental

Accordingly, among the plaintiffs (Appointeds) and each of the designated parties listed in the calculation table of attached Table 2 (hereinafter collectively referred to as "the plaintiffs"), the "non-high" column of the same calculation table was entered into a lease agreement with the defendant as to each of the sectionalized buildings indicated in the same calculation table as the plaintiffs who correspond to the "non-high" column of the same calculation table, respectively (hereinafter referred to as "the apartment of this case").

Since then, the defendant is in this case.

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