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(영문) 수원지방법원성남지원 2012.06.27 2011가합14714
부당이득금반환등
Text

1. The defendant,

(a) Appendix A, B, C, D, E, F, G, H, H, J, K, L, M, N,O, P, Q, Q, R, T, U, and V

2. Table of calculation;

Reasons

1. Basic facts

A. 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 the same shall apply) purchased the land of Manan-gu AC at Ansan-si on October 26, 200 and decided to construct and lease a AD apartment, which is a publicly constructed rental house, on the above land. On September 21, 2001, when the construction is in progress, the public announcement was made on September 21, 2001, and around that time, the plaintiffs agreed to lease the above apartment for five years.

B. On August 18, 2003, the Defendant completed the two above apartment units with 195 households (hereinafter “instant apartment units”).

C. On November 2008, the Defendant sent a written notice to the occupants of the apartment of this case, including the Plaintiffs, to conclude a sales contract, as the mandatory rental period of the apartment of this case was exceeded and the conversion period for sale in lots came. Accordingly, the Plaintiffs from November 2008 to December 2008, and the attached Form among the apartment of this case between the Defendant and the Defendant and the Defendant from November 2008

2. The term “Dong and lake” in the calculation sheet means each apartment unit (area 52.8 square meters for exclusive use) indicated in the same calculation sheet with a contract under which each apartment unit (area 52.8 square meters for exclusive use) is sold as the sale price as indicated in the same calculation sheet (hereinafter “each sales contract in this case”).

The Plaintiffs paid all the above sales price to the Defendant according to each sales contract of this case.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 114 (including each number), Eul evidence 1-1, the purport of the whole pleadings

2. The parties' assertion

A. Article 18(1) of the Housing Site Development Work Guidelines for calculating the pre-sale conversion price of the apartment of this case asserted by the plaintiffs

3. Although it should be calculated at 70% of the development cost according to the standards for the supply price of housing sites, the Defendant calculated the pre-sale conversion price based on housing site expenses calculated at 100% of the development cost.

After that, the Plaintiffs each of the instant cases to the Defendant.

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