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(영문) 서울중앙지방법원 2016.04.22 2015가합25148
부당이득금반환
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 former Korea National Housing Corporation (the defendant comprehensively succeeded to the rights and obligations of the Korea Land Corporation and the Korea National Housing Corporation established on October 1, 2009 on the basis of the Korea Land and Housing Corporation; hereinafter referred to as the "Defendant comprehensively referred to as the "Korea Land and Housing Corporation") shall be granted from the Gyeonggi-do Governor on November 6, 1995 a housing site development project for a zone A from the Gyeonggi-do Governor on December 6, 1995

2) A housing site development project was approved for a housing site development plan regarding a single housing site development project (hereinafter “instant development project”).

B. On December 16, 1997, the Defendant obtained the approval of the project plan for the construction of public-sale housing in the instant project district from the Gyeonggi-do Governor, but thereafter, constructed G apartment (hereinafter “instant apartment”) as a publicly-built rental house with a mandatory rental period of five years after obtaining the approval of the amendment to the project plan on October 5, 200 with respect to the construction of rental housing.

C. Around October 18, 2000, the Defendant first announced the public rental of the apartment of this case. At the time of the public notice of the above recruitment, the Defendant stated the period of sale for sale in lots and the calculation basis and calculation method of the pre-sale conversion price in the notice as follows.

Standard for calculation of pre-sale conversion price from the first day of the month following the month in which the initial period for designating occupancy ends: The method for calculating pre-sale conversion price under Article 3-3 [Attachment Table 2] of the Enforcement Rule of the Rental Housing Act: The arithmetic mean value of the construction

b. Construction cost = The housing price at the time of the initial recruitment of occupants - The housing price at the time of the first recruitment of occupants - The construction cost at the time of the first recruitment of occupants - the construction cost at the time of the first recruitment of occupants - the construction cost at the time of the first recruitment of occupants, including the construction cost for underground parking lots, 58.91 to 59.276, 484 14,735,745 51,749, which is included in the construction cost for apartment buildings, in the construction cost for underground parking lots, 83.44 to 83.4.45 to 83.45

D. In the case of Plaintiffs 39 and 40 who responded to the above recruitment from around the date of the above recruitment announcement, the Defendant H.

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