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(영문) 서울고등법원 2017.11.14 2015나2027321
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs is modified as follows. A.

The defendant shall set up the annexed sheet No. 2.

Reasons

1. As to this part of the basic facts, the corresponding part of the grounds of the judgment of the court of first instance (from 8 to 49 pages below 2 of the judgment of the court of first instance) shall be cited as the grounds of this judgment pursuant to the main sentence of Article 420 of the Civil Procedure

2. Of the instant sales contract asserted by the Plaintiffs, the part that exceeded the corresponding amount stated in the “Plaintiff-sale conversion conversion price” column of the attached Table 2 attached hereto, including the Rental Housing Act, is invalid in violation of the mandatory law.

Therefore, the Defendant’s claim amount stated in the “Plaintiff’s claim amount” column of the attached Form 2 calculation sheet, which was paid in excess of the above pre-sale conversion price from the Plaintiffs (including the transfer of lawsuit by the inheritee’s heir, the buyer; hereinafter the same shall apply) constitutes unjust enrichment, and is obligated to pay the above amount

3. Determination

A. The basis for calculating the pre-sale conversion conversion price and the mandatory provision of the relevant laws and regulations on the pre-sale conversion price for the instant apartment, and the pre-sale conversion for the publicly constructed rental house for the same five-year lease period, shall be calculated as the arithmetic mean of the construction cost and appraisal price of the relevant apartment house (amended by Act No. 12704, May 28, 2014); Articles 13(5) and 23(8) of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 24443, Mar. 23, 2013); Article 9(1) [Attachment Table 1] of the former Enforcement Rule of the Rental Housing Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 44, Dec. 5, 2013); and the said value shall not exceed the construction cost and appraisal price at the time of the pre-sale conversion for public constructed rental housing (hereinafter “construction cost and appraisal price at the time”).

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