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(영문) 수원지방법원성남지원 2011.09.28 2010가합13424
부당이득금
Text

1. The remainder, excluding each principal lawsuit of the Plaintiff (Counterclaim Defendant) A, H and J and the said Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. Under Article 16 of the former Housing Act (amended by Act No. 7959 of May 24, 2006), the Defendant obtained approval from the Minister of Construction and Transportation for the project plan for the construction of public rental housing, and made a public announcement of the invitation of occupants on March 28, 2006 after obtaining approval from the Seongbuk-gu mayor for the invitation of occupants, and then newly constructed Q apartment (4 Dong 266 households, hereinafter “the instant apartment”).

B. The Defendant publicly announced the initial rental deposit and monthly rent as indicated in the following table, which is based on the amount calculated on the mutual conversion (where rental deposit and standard rent pursuant to the relevant statutes are determined to be higher than the standard rental deposit, and the amount calculated by applying the interest rate of 3.45% per annum to the standard rental deposit) according to the ratio of 3.45% per annum at the time when the standard rental deposit and standard rent pursuant to the relevant statutes are set.

Monthly rent of 80.92㎡ 177,70,000 won 424,000 won per month for rental deposit for the area sold in lots, 593,000 won for 108.91㎡ 246,750,000 won for 593,000 won for 108.99㎡ 246,940,000 won for rental deposit for the area sold in lots. 593,000 won

C. The Plaintiffs entered into a lease agreement with each Defendant on May 2, 2006 through March 2009 with respect to apartment buildings listed in the “object” column of Attached Table 2 among the apartment buildings of this case as stated in the aforementioned Table (hereinafter “each lease of this case”), and entered into a lease agreement with each of the lease deposits and monthly rents as stated in the corresponding column of the above Table (hereinafter “each of the lease of this case”), and thereafter, paid in full each of the lease deposits of this case to the Defendant.

On the other hand, according to the data submitted by the defendant to the Sungnam City Mayor at the time of applying for approval for the recruitment of occupants, the amount of the construction cost of the apartment of this case and the standard rental deposit and standard rent under the attached statutes is as follows

The standard monthly rent of 80.92㎡ 197,44.4.

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