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(영문) 서울중앙지방법원 2018.11.08 2014가합49697
부당이득금반환
Text

1. Defendant B Co., Ltd. shall enter the Plaintiffs in the “Plaintiff” column of attached Table 2 in the “personal amount” column of the same Table.

Reasons

1. Basic facts

A. Construction and lease 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

(DB/L) 19,622.6m2 (hereinafter “instant land”) from the Korea Land and Housing Corporation in Kimhae-si.

(2) On July 18, 200, Defendant A purchased 6,271,428,970 won. Defendant A purchased a new public rental house on the instant land from the Kimhae market; Defendant A approved each modification of the respective housing construction project plan on February 28, 2001, and September 13, 2001; Defendant A constructed an E apartment (hereinafter “instant apartment”) with six to 400 households on the ground of 19,212 square meters of the site area among the instant land as a rental business operator.

3) The housing area and the number of households of the apartment of this case are as listed below. The building area of each apartment of this case is as follows. On September 15, 2001, Defendant A approved the recruitment of occupants of the apartment of this case from the Kimhae-si market for the use of the apartment of this case in the total area of 41,030.48mm2 (i.e., 16.147) and 41,030m2 (i.e., 102.572m x 400m2 x 400m2 x 400m2) and then leased the apartment of this case to the Plaintiffs on August 28, 202 after obtaining approval for the use of the apartment of this case from the Plaintiffs.

B. The first conversion of the apartment of this case into parcelling-out 1) Defendant A applied for approval for conversion into parcelling-out on August 22, 2008 on the whole of 400 households of the apartment of this case after the lapse of five years, which was the mandatory rental period of the apartment of this case. Defendant A applied for conversion into parcelling-out on September 26, 2008. Defendant A obtained approval for conversion into parcelling-out from the Kimhae market on September 26, 2008, and conducted conversion into parcelling-out 90,880,00

C. Defendant A’s physical division shall hold a temporary general meeting on December 28, 2009, and pursuant to Articles 530-2 through 530-12 of the Commercial Act, the housing business part and the overseas business part among the businesses operated by Defendant A.

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