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(영문) 전주지방법원정읍지원 2016.08.17 2014가합2216
부당이득금
Text

1. The defendant is attached Table 2. The defendant is attached Table 3 for each plaintiff as stated in the "Plaintiff" list in attached Table 2.

Reasons

A. As seen earlier, inasmuch as the provisions of the former Rental Housing Act and other relevant Acts and subordinate statutes on the criteria for calculating pre-sale conversion price are mandatory, the sales contract concluded based on the pre-sale conversion price exceeding the said criteria should be invalid within the said limit. As such, there was an agreement between the Plaintiffs or the council of occupants’ representatives and the Defendant on the calculation of the pre-sale conversion price of the instant apartment complex.

Even if it exceeds the legitimate pre-sale conversion price, it will be invalid within the range exceeding the legitimate pre-sale conversion price.

(3) Therefore, the defendant's argument is without merit.

4. Legitimate conversion price for the apartment of this case

A. Calculation method of the pre-sale conversion price = (Construction Cost Appraisal Amount) ¡À2 (Provided, That this shall not exceed the price below) = Construction cost per se at the time of the initial recruitment of occupants = Construction cost and housing price at the time of the initial recruitment of occupants = Calculation price calculated by the person entitled to approve the invitation of occupants based on construction cost and housing site cost. ② Calculation price = Depreciation cost ± Depreciation cost at the time of the public announcement of invitation of occupants + construction cost at the time of the public announcement of invitation of occupants + interest on housing site cost 1) calculated by adjusting the calculation method of the pre-sale conversion price under relevant Acts and subordinate statutes, such as the former Rental Housing Act at the time of the conclusion of the instant contract for sale as follows. 2) However, there is no dispute between the parties as to the fact that the upper price of the apartment of this case calculated in accordance

Therefore, it is necessary to determine whether the purchase price of the apartment of this case exceeds the arithmetic mean of the purchase price of the apartment of this case.

B. 1) The arithmetic mean of the apartment of this case is the basis for the arithmetic mean of the housing prices at the time of the initial recruitment of occupants.

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