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(영문) 대구지방법원 2015.08.20 2013가합618
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Korea National Housing Corporation (which was merged with the Korea Land Corporation on October 1, 2009, and was not divided into the defendant; hereinafter the defendant) obtained approval for the housing construction project plan for the construction of public rental housing for 364 households in Daegu-gu, Daegu-gu (hereinafter “instant apartment”). On March 24, 1997, the Korea National Housing Corporation leased the total of 364 households of the instant apartment for 5 years, a mandatory rental period, and leased the instant apartment to the plaintiffs around that time.

B. After five years of lease period, the Plaintiffs entered into a conversion contract for sale in lots with the Korea Land and Housing Corporation (established by Act No. 9706, May 22, 2009) on or around December 2, 2003, and the Defendant comprehensively succeeded to the assets, bonds, liabilities, and other rights and obligations of the Korea Land and Housing Corporation from October 1 of the same year pursuant to Article 8 of the Addenda of the same Act.

C. Attached Table 2 of the relevant statutes is as stated in the relevant statutes.

2. The plaintiff's assertion

A. The relevant statutes stipulating the method for calculating the pre-sale conversion price are mandatory, and each of the instant pre-sale contracts is invalid within the scope exceeding the reasonable pre-sale conversion price calculated pursuant to the aforementioned relevant statutes. As such, the Defendant is obligated to return the difference between the sales price and the legitimate pre-sale conversion price to

B. The pre-sale conversion price is composed of housing site cost and construction cost. In calculating the housing site cost, 80% of the cost for housing site preparation based on the supply price standard under the Housing Site Development Work Guidelines, and the actual construction cost should be calculated based on the construction cost. However, the Defendant calculated the housing site cost by 100% of the cost for housing site preparation in violation of the standards for housing site supply price, and the construction cost shall be calculated based on the standard construction cost publicly notified by the Minister of Construction and Transportation.

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