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(영문) 서울고등법원 2015.11.19 2015나2021408
부당이득금반환
Text

1. Defendant, among the parts against the Plaintiffs of the judgment of the court of first instance, exceeding the following amount ordering payment.

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 same shall apply) obtained approval of the construction project plan of the rental housing in the B district on September 25, 2001 and decided to construct and lease D apartment units in Kim Jong-si, and announced the first recruitment of occupants on November 20, 203 where the construction is in progress, and completed the construction of the above six apartment units on November 2004 (hereinafter the "the apartment units of this case").

B. At the time of the public announcement of the recruitment of occupants, the Defendant: (a) 5 years from the following day of the month following the month during which the initial period of designation of occupancy in the housing for sale was included; and (b) 5 years from the average price of the construction cost and the appraisal price under the Rental Housing Act; (c) in this case, the standard of calculating the pre-sale conversion price shall not exceed the amount calculated by deducting the depreciation costs during the rental period from the market price of the relevant housing calculated at the time of conversion in lots; and (d) the construction cost publicly announced that the

Accordingly, the remaining plaintiffs except the plaintiff E are attached to the apartment of this case between the defendant and the defendant.

2. The term “Dong” and “No. 604” respectively entered into a lease agreement with each household, and F entered into a lease agreement with respect to No. 205 and No. 604 among the instant apartment units.

C. Since then, the defendant has arrived at the time of conversion for sale in lots, the defendant's separate sheet as to each household of the apartment of this case

2. Of the calculation table, the Defendant calculated the pre-sale conversion price column was calculated as the pre-sale conversion price (the housing site cost included 100%) and the Defendant sent a notice to occupants to conclude a sales contract.

Plaintiff

The rest of the plaintiffs except E are the apartment of this case from December 2009 to December 2010.

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