logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2015.11.19 2014가합11910
부당이득금
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. B decided to construct and lease D apartment units, which are publicly constructed apartment units, on the ground of the following cities: (a) around June 1997, Company B leased apartment units, among the above apartment units, to the remaining Plaintiffs and F except Plaintiff E, after the public announcement of invitation of invitation of invitation was made; and (b) the apartment units in the attached Form “sale household”

B. On December 30, 2009, the defendant was established by division from B on December 30, 2009 and succeeded to all rights and obligations regarding the above apartment.

C. The Defendant commenced the first conversion for sale in lots on May 29, 201, for which the lease period (five years) elapsed.

Plaintiff

From May 29, 2011 to February 9, 2014, the Plaintiffs and F, except E, concluded a sales contract with the Defendant by setting the money as the sales price, and paid the sales price.

Plaintiff

E inherited the attached No. 680 apartment from F on September 4, 2013 by way of the consultation and division of inherited property, and succeeded to the rights and duties of F with respect to the above apartment.

E. The type and total number of households of the instant apartment, and the size of the contract per household are as follows.

The number of households in a type (exclusive area) (1) household ((2) contract area per household x (2) 16 square meters (2) 375 square meters (39.952 square meters) 25,579.12 square meters (49.80 square meters) 660 households 85.401 square meters and 1,035 - 81,943.78 square meters;

F. The content of the Enforcement Rule of the former Rental Housing Act [Attachment 1] (Ordinance of the Ministry of Government Administration and Home Affairs No. 350 of April 11, 201), which provides for the criteria for calculating pre-sale conversion price at the time of conversion of the instant apartment

Standards for Calculation of Sales Price for Publicly Constructed Rental Housing (Related to Article 9)

1. Calculation of pre-sale conversion prices;

(b) Where the mandatory lease period is five years, the pre-sale conversion price shall be the arithmetic mean of the construction cost and the appraised value, and shall not exceed the amount obtained by deducting the depreciation costs during the lease period from the construction cost of rental housing and the housing site cost (hereinafter referred to as “calculated price”) calculated at the time of conversion for sale in lots

2. The method of calculation by item (a).

arrow