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(영문) 인천지방법원 2015.11.17 2014나51794
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.

Reasons

1. The court's explanation concerning this part of the basic facts is 1. D. judgment of the first instance court.

In addition to the phrase "attached Form 1 List" as "attached Form 1 list", "the amount of sale for sale in lots" as "the amount of sale in lots", and "the entire amount of sale in lots was paid to the defendant at that time," the phrase "the whole amount was paid to the defendant at that time, and the date of acquisition of ownership" as "the date of acquisition of ownership" as "the date of each registration of ownership was completed," it is identical to the corresponding part of the judgment in the first instance, and thus, it shall be cited as it is in accordance with

2. The assertion and judgment

A. (1) The plaintiffs asserted that the price should be calculated in accordance with the standards stipulated by relevant Acts and subordinate statutes, such as the Rental Housing Act, when calculating the pre-sale conversion price of the leased apartment in this case. Since each sales contract in this case exceeds the legitimate pre-sale conversion price, the part in excess of the legitimate pre-sale conversion price is null and void. Accordingly, the defendant asserted that each corresponding money stated in the separate sheet, which is the money paid to the plaintiffs by the plaintiffs in excess of the legitimate pre-sale conversion price among the pre-sale price paid to the plaintiffs, and the damages for delay thereof are obligated to be refunded as unjust enrichment. However, the defendant asserted that the pre-sale conversion price of the leased apartment in this case was determined in accordance with the standards stipulated by relevant Acts and subordinate statutes, such as the Rental Housing Act, and that the claim for return of unjust enrichment by the plaintiffs is not unjust enrichment to be returned to the plaintiffs,

(2) Prior to determining whether there exists a claim for return of unjust enrichment against the Defendant alleged by the Plaintiffs, the Plaintiffs against the Defendant.

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