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(영문) 대법원 2015.08.27 2014다219170
부당이득금반환
Text

All appeals are dismissed.

The costs of appeal are assessed against each party.

Reasons

The grounds of appeal are examined.

1. As to the Plaintiff (Appointed Party)’s grounds of appeal, the lower court calculated the total amount of housing site cost by dividing the total housing site cost of the instant apartment into the ratio of the total housing site cost of 172,999.9258 square meters among the total housing site cost of the instant apartment units to the total total housing area of 172,99.9258 square meters, and calculated the total amount of each ordinary housing site cost by applying discount rates of 70% or 90% to the said rate, and calculated each ordinary housing site cost, which serves as the basis for calculating the pre-sale conversion price.

The judgment below

In light of the relevant laws and records, the court below's measures are just and acceptable, and there is no violation of the Supreme Court precedents as alleged in the grounds of appeal.

2. As to the Defendant’s ground of appeal

A. As to the grounds of appeal Nos. 1 and 2, Article 9(1) [Attachment 1] of the former Enforcement Rule of the Rental Housing Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 358, Jun. 9, 201) provides that “If the mandatory lease period is five years, the pre-sale conversion price shall be the arithmetic mean of the construction cost and the appraised value, but shall not exceed the amount calculated by subtracting depreciation costs during the lease period from the construction cost of rental housing and the housing site cost (hereinafter “calculated price”) calculated at the time of conversion into lots (hereinafter “calculated price”) [paragraph 1(b]], and “construction cost” [paragraph 2(a)], and “interest of self-interest - depreciation costs” [paragraph 2(a)], and “the person who has the right to approve the invitation of occupants based on the construction cost and housing site cost” [paragraph 2(a)1], and “the upper limit of construction cost” is the construction cost (hereinafter “building cost”) separately publicly notified by the Minister of the Minister of Land, Transport and Transport.

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