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(영문) 서울남부지방법원 2015.12.04 2015가합105194
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The plaintiffs' assertion that the defendant newly constructed DaS apartment, a publicly constructed rental house subject to the former Rental Housing Act (amended by Act No. 8015, Sep. 27, 2006) (hereinafter "the apartment of this case"), leased it to the plaintiffs, and sold the partitioned apartment of this case to the plaintiffs, lessee from June 2005 to July 2007.

Meanwhile, Article 15(1) and (3) of the former Rental Housing Act and the Plaintiffs indicated, through a complaint, the “Article 14(1) and (3) of the former Rental Housing Act” as a basis provision, but this appears to be a clerical error in the “Article 15(1) and (3) of the former Rental Housing Act”.

Article 13(3) of the Enforcement Decree of the same Act (amended by Presidential Decree No. 1975 of March 27, 2007) and [Attachment Table 1] of the Enforcement Rule of the same Act (amended by Ordinance No. 553 of March 27, 2007) provide that the sale price for sale in lots shall be calculated as the "average amount of construction cost and appraised value"; however, the sale price for sale in lots shall be calculated as the "average amount of construction cost and appraised value"; however, it shall not exceed the "amount calculated by subtracting depreciation costs during the lease period from the housing price calculated at the time of conversion into sale in lots (hereinafter "calculated price") based on the construction cost and housing site cost of rental housing," and the construction cost shall be calculated according to the formula of "self-interest of housing price at the time of initial recruitment of occupants at the time of conversion into lots - depreciation cost interest calculated according to the formula of "construction cost and depreciation costs at the time of announcement of sale in lots". However, each provision on the sale price shall be interpreted as mandatory law.

However, in selling the apartment of this case to the plaintiffs by conversion for sale in lots, the defendant shall sell the apartment of this case in excess of the amount calculated by the formula prescribed in the above provisions.

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