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(영문) 대구지방법원 2016.06.23 2013가합10615
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Korea National Housing Corporation (hereinafter “Defendant”) obtained the approval of the housing construction project plan on November 20, 200 from the Daegu-gu Metropolitan City Mayor in order to construct 7 North-dong 638 households in BW-dong 7, 200, in accordance with Article 3 of the former Act on Temporary Measures for the Improvement of Residential Environment (wholly amended by Act No. 5449, Dec. 13, 1997; hereinafter “Temporary Measures Act”) to improve the residential environment of low-income urban residents, pursuant to Article 3 of the former Act on Temporary Measures for the Improvement of Residential Environment (wholly amended by Act No. 5449, Dec. 13, 1997; hereinafter “Temporary Measures Act”).

B. The Defendant completed two publicly constructed rental housing units, 147 units (hereinafter “instant apartment units”) among the above apartment units, and leased the instant apartment units to the buyer for five years. Around 2011, the period of mandatory lease of the instant apartment units has passed five years, and the period of sale for sale has passed, the Defendant entered into a conversion contract for sale of the instant apartment units with the Plaintiffs other than Plaintiff N, R, X, AC, BE, and BL (hereinafter “instant conversion contract”), and the said Plaintiffs paid the total purchase price.

C. The type of the apartment of this case, the number of households, the sales area per household, etc. are as follows, and the sales price by household is as stated in the column of "actual sales price" in the attached Table of calculation sheet.

The fact that there is no dispute as to the ground for recognition 80.839 11,8889.93 1,8889.33 'A', the evidence No. 1 (including each number; hereinafter the same shall apply), No. 2, No. 8, No. 10, No. 2, No. 8, and No. 10, and the purport of the entire pleadings is as follows: (a) the total area of the unit of household per the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of 59.49.44, 19.8747, 79.31.47, 147.

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