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(영문) 서울고등법원 2017.05.26 2016나2044668
부당이득금
Text

1. The judgment of the first instance, including the plaintiffs' claims extended by this court, is modified as follows.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation are merged with the defendant on October 1, 2009; hereinafter collectively referred to as the "defendants") obtained approval from the Gyeonggi-do Governor of the implementation plan for the housing site development project from the Do Governor on September 30, 1998. On December 30, 2000, the housing site development project implementation plan was approved for the A housing site development zone (hereinafter referred to as the "the instant zone") under Article 33 (1) of the former Housing Construction Promotion Act (amended by Act No. 6655 of Feb. 4, 2004) on the B of the Dong-gu Housing Site Development Promotion Act (amended by Act No. 6655 of Feb. 4, 2004).

B. The Defendant first publicly announced the recruitment of occupants and the lease (1) of the apartment of this case: (i) 1,862 households with D apartment 1,862 square meters above 39.56 square meters above 59.286 square meters above 784 square meters above 60.94 square meters in exclusive use area (2) households with 85.2164 square meters in exclusive use area (3) 105.9821 square meters in exclusive use area (4) 320 households with 105.76 square meters in exclusive use area (84.76 square meters in exclusive use area) and 118.6792 square meters in exclusive use area (270 square meters in exclusive use area 84.88 square meters in 275 square meters in 118.88 square meters in 19.275 square meters in 205.365 square meters in the site of this case; and (ii) newly constructed 305 square meters in the site of this case.

(2) After that, the Defendant leased the instant apartment to the Plaintiffs for five years, except: ① Plaintiff E’s deceased H, Plaintiff F (70); ② Plaintiff G (77); ② the foregoing Plaintiffs and Plaintiff W (9), Y (11), AE (18), AT (34), AU (35), BD (4), BL (52), and BX (64).

C. (1) The defendant entered into the sales contract of the apartment of this case (1) around October 2009, when the mandatory rental period of the apartment of this case was exceeded and the conversion period for sale in lots has arrived.

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