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(영문) 수원지방법원성남지원 2015.05.01 2012가합2404
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The following facts can be acknowledged in full view of the following facts: Gap evidence Nos. 1 to 6, 7 to 62, 64 to 221, Eul evidence Nos. 1 and 2 (including the serial numbers), and the purport of the whole pleadings as a result of the fact-finding with respect to the fleet of the court of this case.

On October 1, 2009, the Korea National Housing Corporation (the Korea National Housing Corporation was merged with the Korea Land Corporation, and accordingly the Defendant comprehensively succeeded to the property, claims, debts, and other rights and obligations of the Korea National Housing Corporation and the Korea Land Corporation; hereinafter “Defendant”) obtained approval of the housing construction project plan from the Do governor of Jeon-nam Do on June 30, 199 to construct IMO apartment (hereinafter “the apartment of this case”).

B. On June 10, 200, the Defendant obtained approval from the Jeonnam-do governor to convert the total floor area into “22,168.310 square meters” from “22,173.820 square meters; on July 6, 2001, the site area of “13,506.4 square meters” to “13,396.4 square meters”; and on June 6, 2001, the scheduled date for commencement of construction to “6.20.6.20” respectively.

C. On July 2, 2001, the Defendant announced the invitation of occupants on the instant apartment, and completed the instant apartment on July 7, 2002, and concluded each lease contract with the occupants of the instant apartment, respectively.

Since then, the defendant calculated each of the households of the apartment of this case as the pre-sale conversion price in attached Form 2 as to the tenant and each of the households of this case upon arrival of the pre-sale conversion price. From February 2008 to May 2008, the sales contract for each of the apartment of this case stated in attached Form 1 in the table of claim amount in attached Table 1 (hereinafter "each of the sales contracts of this case") was concluded between February 208 and May 208, and the plaintiffs paid all of the purchase price to the defendant.

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