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(영문) 수원지방법원성남지원 2015.01.28 2013가합7543
부당이득금반환
Text

1. The defendant has the amount of award in the "amount of tolerance" column of the plaintiff (Appointed Party) and the annexed calculation sheet.

Reasons

1. Basic facts

A. On October 23, 1996, the Korea Housing Corporation (hereinafter “Defendant”), as a housing rental business operator under the Rental Housing Act, was merged with the Korea Land Corporation on October 1, 2009, and did not distinguish before and after the merger, designated the use of the land as a multi-family housing site with the amount of 67,624 square meters in the G district in Ansan-si, the Korea Water Resources Corporation was developed and created by the Korea Water Resources Corporation (hereinafter “instant land”) and divided the sale price into the following land for purchasing KRW 22,729,860,00 (hereinafter “the instant sale contract site”) to the Korea Water Resources Corporation in order to purchase KRW 67,624 square meters in the G district in Ansan-si, the area was adjusted and the final survey was conducted by the Korea Water Resources Corporation.

(B) The Defendant returned 84,312,650 won out of the purchase price to the Korea Water Resources Corporation on July 30, 2014, as the area of the instant land was reduced as above. The amount of payment on the date of payment (the unit: KRW 4,545,972,972, Oct. 23, 1997; hereinafter the same shall apply) was made on October 23, 1996. The amount of payment on the date of payment (the unit: KRW 4,545,972,972,00 on April 23, 1997; 4,545,545,972,972,00 on April 23, 1998; 23,545,972,000 on April 23, 200, 4,545,972,000,547,9720,209;

B. In accordance with Article 33(1) of the former Housing Construction Promotion Act (wholly amended by Act No. 6916 of May 29, 2003; hereinafter “former Housing Construction Promotion Act”), the Defendant, on January 199, obtained approval for a housing construction project plan to build and lease J apartment (with the highest number of 5 to 27 floors each floor; hereinafter “the apartment of this case”) from the Gyeonggi-do Governor and received funding from the National Housing Fund as prescribed by the former Housing Construction Promotion Act.

The defendant announced the first recruitment of occupants on September 7, 1999 regarding the apartment of this case, and completed the construction on November 28, 2001.

C. The defendant shall be the selected person.

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