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(영문) 광주지방법원목포지원 2016.10.27 2016가합10730
보증금반환
Text

1. The Defendant’s payment to the Plaintiffs as stated in the “request amount” column in the attached Table 1 sheet, and as to the money, from April 8, 2016.

Reasons

1. Basic facts

A. On June 26, 2001, the Defendant obtained the approval of the project plan under Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6655 of Feb. 4, 2002) and Article 32 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 17816 of Dec. 26, 2002), and thereafter, constructed 14 apartment units 802 units, a public constructor, on the land of 30,963 square meters of the National Housing Fund.

B. On December 13, 2001, Plaintiff A leased each apartment as indicated in attached Table 1 from each Defendant on December 13, 2001, Plaintiff B and Plaintiff C on December 14, 2001, Plaintiff C on January 13, 2005, Plaintiff D on September 19, 2003, Plaintiff A and E on September 19, 2007, Plaintiff F on September 29, 2007, and Plaintiff F on July 29, 2003 (hereinafter “each apartment of this case”); thereafter, lease deposit was finally changed several times, and it became identical to the amount indicated in the “deposit” column in the same Table.

(hereinafter “each lease deposit of this case”). C.

On August 28, 2003, the defendant extended a loan from the National Housing Fund to the National Housing Fund with respect to each apartment of this case (hereinafter "each apartment of this case").

As of the date of closing argument of the instant case, the amount of secured debt of each of the instant mortgages is as stated in the National Housing Fund column in attached Table 1.

(hereinafter “each of the instant loans”) D.

On October 4, 2010, the Plaintiffs filed an application for approval for conversion of each apartment of this case with the Mayor of Yeongdeungpopo City pursuant to Article 21(3) of the former Rental Housing Act (amended by Act No. 10463, Mar. 9, 201; hereinafter the same) on October 4, 2010, and the Bapo City Mayor (amended by Presidential Decree No. 22689, Mar. 2, 201) conducted an appraisal under Article 23 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 22689, Nov. 12, 2010) for conversion price of each apartment of this case as of November 12, 2010 (hereinafter “each pre-sale conversion price”).

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