1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

1. The court's explanation of this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it in accordance with the main sentence of Article 420 of the Civil Procedure

2. The party's assertion and judgment

A. The Plaintiff asserted that the instant agreement entered into with the Defendant when entering into the instant sales contract, and additionally entered into with the Defendant, is invalid in violation of attached Table 1 of the Enforcement Rule of the former Rental Housing Act, and that KRW 11,450,000 paid as cost for improvement of facilities should be returned as unjust enrichment.

The defendant asserts that the agreement of this case is valid since it was made under the agreement with the plaintiff on the basis of the estimated cost for the maintenance and repair of the rental apartment of this case after the announcement of the invitation of the tenant of this case. Thus, it is not obliged to return the money received as the cost for settlement of facility improvement.

B. The relevant laws and regulations, such as the former Rental Housing Act, aim to promote the construction of rental housing and ensure the stability of national housing life, and provide various support to rental business operators to achieve the goal, while imposing various restrictions. In particular, the right to priority purchase conversion of rental housing is recognized after the lapse of the mandatory rental period and the standards for calculating pre-sale conversion are prescribed in detail so that rental business operators can prevent arbitrary pre-sale conversion of rental housing and sell rental housing units on a reasonable pre-sale conversion price.

Nevertheless, if a rental business operator interpreted that the foregoing pre-sale conversion standard is not binding, the rental business operator set a high-amount conversion price that goes against the pre-sale conversion standard at will after the lease obligation period expired, and then the lessee can do so.