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(영문) 서울고등법원 2016.05.27 2015나2009385
부당이득금
Text

1. Of the judgment of the court of first instance, the following Plaintiffs: Plaintiffs 21 N, 68. CI, 74. G;

Reasons

1. Basic facts

A. On December 29, 2000, the Korea National Housing Corporation (hereinafter “Defendant”) was a housing rental business operator under the Rental Housing Act, who was merged with the Korea Land Corporation on October 1, 2009, and was not divided before and after the merger, and entered into a land sales contract with the Korea Land Corporation (hereinafter “instant land sales contract”) with the purpose of designating C B B block large-25,735 square meters (hereinafter “instant land”) within the 60 to 8,225,190,000 square meters as a multi-unit housing site developed and created by the Korea Land Corporation (hereinafter “instant land”) as a site sales contract with the content of purchasing KRW 8,225,190,00 (hereinafter “the instant land sales contract”).

B. On July 5, 2001, the Defendant approved a housing construction project plan with the content that 556 households build D apartment units (one of the maximum floors from 18 to 20 stories; hereinafter “the apartment units in this case”) on the ground of the land in this case pursuant to Article 33 of the former Housing Construction Promotion Act (wholly amended by Act No. 6916 of May 29, 2003; hereinafter “former Housing Construction Promotion Act”), and received funding from the National Housing Fund under the former Housing Construction Promotion Act.

Around October 31, 2001, the defendant started the new construction of the apartment of this case and started the first announcement on June 18, 2002, and completed the completion on March 30, 2004.

C. From June 1, 2004, the Defendant leased the instant apartment to PlaintiffN, CI, G, ES, FB, H, IV, J, JX, K, K, K, LU, LC, P, QE, R (the sum of the Plaintiffs 19 above collectively referred to as “the Plaintiffs as general buyers”), and the remainder of the Plaintiffs (the sum of Plaintiff S, 456, hereinafter collectively referred to as “the Plaintiffs as preferential buyers”) other than S, and to the deceased Party T of the Plaintiff S, for five years.

Since June 22, 2009, the Defendant had arrived at the time of conversion for sale in lots after five years from the mandatory rental period of the apartment of this case, and among the apartment of this case between the Plaintiffs (the Plaintiff S shall have the net T with the Plaintiff) who was the first buyer from June 2, 209.

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