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(영문) 수원지방법원성남지원 2012.11.14 2012가합201324
부당이득금
Text

1. The defendant has to the plaintiffs the amount of money equivalent to the amount stated in the "request amount" column of the attached calculation sheet, as well as to this.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009; hereinafter the same shall apply) completed the construction of the above apartment on November 30, 199 after obtaining approval of the W housing construction project plan on November 30, 199, to build and lease the Y apartment house in X X, and the construction of the Y apartment house was conducted on November 7, 2002 when the construction was in progress. On October 9, 2004, the construction of the above apartment 12 Dong 688 households (hereinafter the "the apartment of this case").

B. At the time of the announcement of the recruitment of occupants, the Defendant, after five years from the following day of the month during which the initial occupancy designation period belongs, shall set the unit price of construction and the average appraisal price pursuant to the Rental Housing Act. However, even in this case, the standard for calculating the unit price of sale for sale shall not exceed the amount calculated by deducting the depreciation costs during the rental period from the market price of the relevant house calculated at the time of conversion for sale for sale in lots. The construction costs publicly announced that the interest on the own funds during the rental period shall be added to the housing price at the time of the announcement of the recruitment of occupants calculated pursuant to the Enforcement Rule of the Rental Housing Act and the depreciation costs shall be determined by deducting the depreciation costs. Accordingly, the Plaintiffs and the Defendant

C. Since then, the Defendant issued a notice to enter into a sales contract with the occupants from January 201, that the construction cost of the household corresponding to the 51.67 square meters of the instant apartment as 63,006,000 won, and the construction cost of the household corresponding to the 59.56 square meters of the instant apartment as 73,051,000 won (including 100% of the housing site cost) and the Plaintiffs sent the notice to enter into the sales contract with the occupants from January 2010, as the sales price in the attached sheet corresponding to the amount stated in the “sale price” column.

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