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(영문) 수원지방법원성남지원 2015.08.28 2013가합200328
부당이득금
Text

1. The defendant has to the plaintiffs each money stated in the separate sheet of calculation in the attached sheet, and as to the money, from February 26, 2013.

Reasons

1. Basic facts

A. On October 31, 2001, the Korea National Housing Corporation (the Defendant was established on October 2, 2009 under the Korea Land and Housing Corporation Act, and comprehensively succeeded to the property, claims, debts, and other rights and obligations of the Korea National Housing Corporation; hereinafter “Defendant”) obtained approval from the Incheon Metropolitan City Mayor on October 31, 2001 to construct public rental apartment units on the H, I, and JJ K (hereinafter “the apartment units of this case”) with 20 units of public rental apartment units on the 1,873 units of 1,873 units of public rental apartment units on the Bupyeong-gu Incheon Metropolitan City (hereinafter “the apartment units of this case”).

B. On September 2003, the Defendant first announced the apartment of this case, and leased the apartment of this case to the occupants for five years as the publicly constructed rental house.

C. Since August 2010, the period of mandatory lease of the apartment of this case and the period of sale for sale for sale became effective, the Defendant entered into a sales contract with the occupants on each apartment as stated in the “sale price” column in the attached Table of calculation sheet among the apartment of this case (hereinafter “each sales contract of this case”), and the occupants paid the total amount of the sale price to the Defendant around that time.

Plaintiff

A, B, C, D, and E are buyers, and Plaintiff F are those who received the claim for return of unjust enrichment from L.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Judgment on the Intervenor’s claim

A. The Intervenor’s assertion that the Intervenor made excessive calculation of the purchase price of the apartment of this case and unjust enrichment from the difference calculated by deducting the purchase price reasonably calculated from the sale price of the apartment of this case. On December 14, 2010, the Intervenor acquired all rights related to the sale price of the apartment of this case from L to 114 Dong 202, and thus, the Defendant shall pay to the Intervenor unjust enrichment amounting to KRW 2,576,778 and delay damages.

B. The judgment of this Court A.

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