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(영문) 수원지방법원성남지원 2012.08.22 2011가합11043
부당이득금
Text

1. The defendant attached Form to the plaintiffs

2. The term “request amount” in the calculation sheet means the amount equivalent to each stated amount and each said amount.

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) obtained approval of the housing construction project plan in B district on November 30, 199, and decided to construct and lease the C apartment in Pju City with the approval of the housing construction project plan in B district on November 30, 199. On November 7, 2002 where the construction is in progress, the first public notice was issued for the recruitment of occupants on October 9, 2004, and on October 9, 2004, the above 12 apartment units and 688 households (hereinafter the “instant apartment”).

B. At the time of the public announcement of the recruitment of occupants, the Defendant: (a) 5 years from the following day of the month following the month during which the initial period of designation of occupancy in the housing for sale was included; and (b) 5 years from the average price of the construction cost and the appraisal price under the Rental Housing Act; (c) in this case, the standard of calculating the conversion price for sale in lots shall not exceed the amount calculated by deducting the depreciation costs during the rental period from the market price of the relevant housing calculated at the time of conversion in lots; and (d) the construction cost publicly announced that the interest on the own fund during the rental period should be added to the housing price at the time of the public announcement

C. Since then, the Defendant: (a) issued a written notice from January 2010 to the occupants to enter into a sales contract with the construction cost of a household corresponding to the 51.67 square meters of the instant apartment; (b) the construction cost of a household corresponding to the 59.56 square meters of the instant apartment; and (c) the construction cost of a household corresponding to the 59.56 square meters of the instant apartment; and (d) KRW 73,051,000 of the construction cost of a household (including 100 percent of the construction cost of a housing site). The Plaintiffs sent the written notice

2. The "sale price" in the calculation table corresponds to the number of each Dong and unit stated in the "building number" column of the same calculation table among the apartment buildings in this case as the sale price equivalent to the amount stated in the calculation table.

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