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(영문) 수원지방법원성남지원 2012.06.27 2011가합18044
부당이득금
Text

1. The defendant,

(a) Attached Form A, B, C, D, E, F, G, H, I, J, and K

2. The “amount of seal” in the calculation sheet shall be stated respectively.

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 defendant is referred to as "the defendant") purchased the land of Manan-gu R on October 26, 200 and decided to construct and lease the above land, which is a publicly constructed rental house, on the ground of the above land. On September 21, 2001 where the construction is underway, the public announcement was made on September 21, 2001, and around that time, the remaining plaintiffs and U.S. agreed to lease the above apartment for five years.

B. On August 18, 2003, the Defendant completed the two above apartment units with 195 households (hereinafter “instant apartment units”).

C. On November 2008, the Defendant sent a notice to the occupants of the apartment of this case to conclude a sales contract, as the mandatory rental period of the apartment of this case excluding the Defendant and the Plaintiff T, when the mandatory rental period of the apartment of this case ended. Accordingly, from November 2008 to December 2008, the remaining plaintiffs except the Plaintiff and the Defendant T among the apartment of this case.

2. The term “Dong” and “No. 52.88mm2” in the calculation sheet are as follows: (a) each of the apartment units listed in the same calculation sheet (per unit area of 52.8m2) was sold as the sale price in the same way as the “sale price” in the same calculation sheet; and (b) U entered into each of the sales contracts with the content that the apartment unit of this case was sold as the sale price in the same way as that indicated in the “T” column as the “T” column in the same calculation sheet (hereinafter “each of the sales contracts in this case”).

After that, U died, and U’s heir, including Plaintiff T, agreed on the division of inherited property by solely succeeding to the claim for return of unjust enrichment against the Defendant regarding the instant apartment 102 Dong 605 and the instant apartment sales contract.

E. The plaintiffs all the above sales price under each sales contract of this case to the defendant.

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