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(영문) 서울고등법원 2013.05.15 2012나55947
부당이득금반환등
Text

1. Of the judgment of the court of first instance, the part of the Plaintiff CA as listed in the [Attachment 1] No. 58 is revoked, and Plaintiff CA lawsuit is filed.

Reasons

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

2. The parties' assertion

A. The plaintiffs' assertion is a public corporation that performs the business of creating and supplying sites and constructing housing for the stabilization of people's lives and the promotion of public welfare, and where a public rental house was directly constructed on the housing site developed by themselves, the housing site cost should be calculated as the supply price of "public housing site" under subparagraph 2 (d) (ii) of attached Table 1 of the Enforcement Rule of the Rental Housing Act in calculating the pre-sale conversion price

[Attachment 3] However, in the case of public housing sites supplied by the defendant under the Housing Site Development Promotion Act, the cost of the housing site shall be calculated as 70% of the cost of the housing site development in accordance with the attached Table 3 of Article 18(1) of the Housing Site Development Business Guidelines, but the defendant calculated 100% of the cost of the housing site development in calculating the sale price of the apartment of this case.

Since the relevant laws and regulations, such as the Rental Housing Act, are mandatory for the calculation of the pre-sale conversion price of rental housing, the part that the Defendant erroneously paid to the Defendant for the calculation of the housing site cost is invalid.

Therefore, the defendant is obligated to return to the plaintiffs the amount corresponding to each of the corresponding money stated in the "request amount" column of attached Form 2 calculation sheet as unjust enrichment.

Even if it is reasonable to calculate the cost of each of the above housing site cost calculated as 100% of the cost of housing site development, the amount stated in the attached Table “the initial sale price” column of the calculation sheet exceeds the upper limit price under subparagraph 1 (b) of attached Table 1 of the Enforcement Rule of the Rental Housing Act, which is calculated based on the actual construction cost, so the defendant is obligated to return the excess amount to the plaintiffs within

B. The defendant's assertion of this case is that of the apartment.

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