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(영문) 수원지방법원성남지원 2016.01.15 2015가단204600
부당이득반환 청구의 소
Text

1. The Defendant’s KRW 1,903,137 as well as the Plaintiff’s KRW 20% per annum from March 21, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Construction Co., Ltd. (hereinafter referred to as the “Large Comprehensive Construction”) constructed Tae-si and 12-15 C Apartments (hereinafter referred to as the “Lease Apartments”) on the ground of the land B and 4, for the purpose of lease with the funding from the National Housing Fund.

(1) ① Sale area 78.99 square meters and exclusive use area 59.95 square meters: 491 households, ② Sale area 52.48 square meters and exclusive use area 39.83 square meters: 146 households).

On October 29, 2001, the Defendant was established by dividing the rental apartment from the large comprehensive construction, and succeeded to all rights and obligations of the large comprehensive construction on the sales contract of the rental apartment of this case.

(hereinafter referred to as the “Defendant,” regardless of whether before or after the comprehensive construction and the succession of the above rights and obligations to the Defendant.

D around 200, around 1200, leased the rental apartment of this case 106 dong 1204 (200 m2, 78.99 m2, 59.95 m2) from the Defendant, and applied for priority conversion from September 2005 to September 2005 after the expiration of the mandatory lease period of five years.

However, on November 22, 2005, the Plaintiff, the wife of D, determined the purchase price of KRW 60 million, the down payment of KRW 3212,00,000 (substitute of the existing lease deposit), and the balance of KRW 278,00,000 as above, concluded an apartment sale contract with the Defendant for the apartment leased as above (hereinafter “instant sale contract”), and paid the purchase price to the Defendant.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 7 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s husband, D applied for the preferential sale, but agreed to transfer ownership in the name of the Plaintiff, and the Defendant also consented thereto.

The legitimate selling price shall be 4,634,027,00 won for housing site and 51,993,022 won for the housing price at the time of the initial recruitment of occupants, and 2,729,372 won for self-interest, depreciation costs of 5,514,004 won, based on the actual construction cost of 25,937,903,00 won, and 49,93,727 won for construction costs of 59.95 square meters, and 666.

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