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(영문) 서울고등법원 2013.06.12 2012나60161
부당이득금
Text

1. Of the judgment of the court of first instance, the defendant except the plaintiff ES listed in the list Nos. 140 of the plaintiffs in the annexed list No. 1.

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 from the Do governor of Chungcheongbuk-gun on December 29, 199, pursuant to Article 33 of the former Housing Construction Promotion Act, to build and lease D apartment (the name was changed to E apartment) 280 households on the ground of Chungcheong-gun Co., Ltd. (the name was changed to E apartment around 2008).

(2) A building site area of a building site of 11,673 square meters (hereinafter “instant housing site”): Total project cost of 22,250.192 square meters: 17,130,883,000 won (National Housing Fund: 7.45 billion won) [the total floor area of the building around August 2001; total project cost of 21,407.260 square meters; total project cost of 16,620,500 won (the National Housing Fund’s KRW 7 billion)]

[2] On the other hand, the Defendant acquired the instant housing site on November 1, 1996, and the Defendant started the business plan on July 28, 200 after obtaining the approval of the business plan, and made the first public announcement on July 16, 2001, and on October 31, 2002, 4 apartment units and 280 households of the said apartment units (hereinafter “instant apartment units”).

The completion was completed.

B. At the time of the public announcement of invitation of occupants, the Defendant, after five years from the following day of the month in which the initial period of designation of occupancy in lots belongs, shall be the construction cost and the average appraisal price calculated pursuant to the Rental Housing Act: Provided, That in this case, the construction cost shall not exceed the amount calculated by deducting the depreciation costs during the rental period from the transaction price of the relevant house calculated at the time of conversion of ownership in lots, and the construction cost shall not exceed the amount calculated by deducting the depreciation costs during the rental period from the transaction price of the relevant house. The construction cost

Accordingly, among the plaintiffs in the list of the plaintiffs in the annexed list Nos. 48, 50, 77 are the plaintiffs.

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