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(영문) 수원지방법원성남지원 2015.01.28 2013가합204016
부당이득금
Text

1. The defendant,

(a) Attached 1,894,355 won and each of them shall be cited in attached Form 1.

Reasons

1. Basic facts

A. On April 17, 1995, Daejeon Jung-gu E was designated and announced as a residential environment improvement project district (hereinafter “instant project district”) under Article 3(1) of the former Act on Temporary Measures for the Improvement of Dwelling Conditions for Low-Income Urban Residents (amended by Act No. 5449 of Dec. 13, 1997; hereinafter “former Temporary Measures Act”).

B. The Korea Housing Corporation (the defendant was merged with the Korea Land Corporation on October 1, 2009 and became the defendant, and the defendant was not divided before and after the merger, hereinafter referred to as the "the defendant") obtained on January 10, 203 the approval of the housing construction project plan for constructing and leasing apartment F with 374 households in the instant project district under Article 33 (1) of the former Housing Construction Promotion Act (wholly amended by Act No. 6916, May 29, 2003; hereinafter referred to as the "former Housing Construction Promotion Act") from the Daejeon Metropolitan City Mayor, pursuant to Article 33 (1) of the former Housing Construction Promotion Act.

On January 31, 2002, the defendant started the new construction of the apartment of this case and announced the first recruitment of occupants on May 30, 2003, and completed the construction on September 28, 2005.

C. The Defendant leased the instant apartment to the designated parties G, H, I, J, K, L (hereinafter the above designated parties referred to as “designated parties G, etc.”) excluding M, and the remaining designated parties, N, and the Plaintiff (designated parties) (hereinafter the “Plaintiff”) for five years.

Since five years after the period of mandatory lease of the instant apartment, the Defendant entered into a sales contract with the Plaintiffs, designated parties, and the network N on December 2010 regarding each apartment as stated in attached Forms 1 through 5 of the instant apartment among the apartment buildings.

Since all expenses for the construction of the apartment in this case are included in the calculation of the building cost of the unit unit of each type, it shall be exclusive area.

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