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(영문) 전주지방법원정읍지원 2016.11.30 2014가합432
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 21, 1998, Defendant Non-permanent Co., Ltd. (1) obtained approval from the competent authority on a project plan for a construction-unit housing project with a total of 32,600 square meters of land size A, B, C, D, and E in order to construct and lease the instant apartment, and on May 10, 200, the apartment is “F apartment” (the title is “F apartment”).

A) After obtaining approval for the public announcement of the recruitment of tenants, the recruitment of tenants was conducted through the public announcement of the recruitment of tenants around that time. (2) Defendant Seo Young-gu Co., Ltd. constructed a F apartment with loans from the National Housing Fund of KRW 20 million per household and construction of a F apartment with an exclusive residential area of KRW 84.90m2 (34m2) from among the F apartment, two apartment units (11-dong, 112-dong) with an exclusive residential area of KRW 84.90m2 (hereinafter referred to as the “F apartment”), and two apartment units among the F apartment units (hereinafter referred to as the “instant apartment units”) were constructed, and the use inspection on the instant apartment was conducted on May 15, 201 by the competent authorities, and began the lease of the instant apartment from May 17, 2001.

(On the other hand, in addition to the apartment of this case, 21-gu 6-dong 575-dong 6-dong 575-dong 4-dong 508-dong 508 households among the F apartment of this case, the use inspection was approved and leased around May 30, 200.

On December 22, 2006, after five years of the mandatory rental period for the apartment of this case, Non-permanent Co., Ltd. applied for approval for conversion of the apartment of this case to sale in lots, and obtained approval from the Jung-Eup market around that time. The plaintiffs entered into each contract for the sale of the apartment of this case with respect to the corresponding number of houses and units of each plaintiff in attached Table 2 around that time, and paid KRW 78,782,00, which is the sale price, to the defendant Seo-young Co., Ltd. between January 10, 207 and September 12, 2007, and completed the registration of ownership transfer.

C. On December 30, 2009, Defendant Non-permanent Housing Co., Ltd. was divided from Defendant Non-permanent Housing Co., Ltd., and established on December 30, 2009, all the rights and obligations regarding the housing project sector.

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