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(영문) 인천지방법원 2014.02.13 2012가단221963
부당이득금
Text

1. The defendant shall pay to the plaintiffs each corresponding amount and each of the above amounts stated in the attached list 1.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (hereinafter referred to as the “Defendant”) decided to construct and lease K Apartment, a public construction rental apartment (hereinafter referred to as the “lease Apartment”) within the Bupyeong-gu, Incheon Metropolitan City (hereinafter referred to as the “instant project district”), which is a housing site directly developed by it, after obtaining approval of an implementation plan for a housing site development project under the Housing Site Development Promotion Act from the Mayor of Incheon Metropolitan City on October 25, 1996, the construction work of the instant rental apartment was commenced on December 1, 1997.

B. The Defendant announced the first invitation of occupants on August 31, 1998, and completed the instant rental apartment around August 200, and thereafter leased the instant rental apartment as the publicly constructed rental house for five years (from December 1, 2000 to November 30, 2005).

C. As the mandatory lease period of the leased apartment of this case was exceeded, the Defendant publicly announced that the conversion for sale was conducted from December 2005, and that the conversion for sale was conducted for the leased apartment of this case, and notified the occupants of this notice to enter into the sale contract based on the pre-sale conversion price calculated by the Defendant, since the conversion for sale of the leased apartment of this case was conducted to the occupants.

The Plaintiffs entered into a lease agreement with the Defendant on the instant leased apartment, and entered into a sales contract with the Defendant from December 2005 to January 2, 2005, under which they would purchase each of the relevant apartment units listed in the “Dong-ho” column in the attached Table 1 list that they had leased and resided in the rental apartment of this case. At that time, the Plaintiffs paid all the sales price to the Defendant.

[Ground of recognition] without any dispute, Gap's 1-9 evidence, Eul's 1-5 evidence, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiffs.

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