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(영문) 수원지방법원성남지원 2014.02.14 2012가합202402
부당이득금
Text

1. The defendant is out of the calculation sheet in the attached Form to the plaintiffs except the plaintiffs A, B, C, D, E, F, G, H, I, J, K, L, M, N, andO.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged with the Defendant on October 1, 2009; hereinafter referred to as the “Defendant”) obtained approval from the head of Incheon Metropolitan City on October 31, 2001 for a housing construction project plan that newly constructs public rental housing in 1st block in the Incheon Bupyeong-gu, Seosan, Galsan, and Seodong-dong P Housing Site Development Project District, from the head of Incheon Metropolitan City around October 31, 201.

A lease period: A lease period for conversion of housing for sale in lots after five years from the first day of the month following the month in which the initial period for designation of occupancy ends: The basis for calculation of conversion price for sale in lots after five years: The unit price for sale in lots under Article 9 [Attachment Table 1] of the Enforcement Rule of the Rental Housing Act: The average of the construction cost and the appraised value shall be the average of the appraised value, and shall not exceed the amount obtained by deducting depreciation costs during a lease period from the housing price calculated at the time of

B. Around September 2003, the Defendant: (a) constructed 20 or more units of R Apartment-dong, 1,873 units of 1,873 units of public rental housing (hereinafter “instant apartment”) on the land of Bupyeong-gu, Incheon; and (b) around that time, concluded a lease agreement with the Defendant on each household indicated in the column of “the number of units” in the attached sheet of calculation; (c) the Plaintiffs, S, and T, except Plaintiff J and K, concluded a lease agreement with the Defendant on each household indicated in the attached sheet of calculation.

(S) Nos. 74 Nos. 110-3 and 1503 of the attached calculation table, and T leased from the Defendant 119-3 and 106 of the attached calculation table.

When the period of mandatory lease of the apartment of this case elapsed and the period of sale for sale for sale for sale from August 2010 to October 2010, the Defendant sold the rental apartment under the preceding paragraph to the Plaintiffs, S, and T, other than Plaintiff J, and K, as stated in the separate sheet of calculation, and received all the sale price from the Plaintiffs.

Plaintiff

J. ...

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