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(영문) 서울중앙지방법원 2014.07.03 2013가합500768
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Non-permanent Co., Ltd. decided to construct and lease B apartment units, public constructed rental housing, on the ground of the Hong-gun, Chungcheongnam-gun, Chungcheongnam-gun. On February 11, 2003, it leased the above apartment units for five years to tenants, including Plaintiff C (No. 3), D (No. 16), E (No. 39), E (No. 65), F (No. 65), G, H (No. 140), and I, J, K, L, and M (hereinafter collectively referred to as “first lessee”).

B. Since the mandatory lease period of the above apartment complex was over five years and the conversion period for sale in lots has arrived, on June 11, 2008, 2008, 324 households with exclusive use area of 80.963m2 among the above apartment complex (hereinafter “the apartment of this case”) were submitted to the head of Hongsung-Gun with a plan to convert the sale in lots of rental housing with the unit price of 138,00,000 won.

C. On December 31, 2009, the Defendant, which was established by division from Bupyeong Young-young Co., Ltd., and succeeded to all rights and obligations of father-young Co., Ltd related to the conversion of the apartment of this case into sale in lots.

On November 4, 2010, the Defendant agreed to set the council of lessees’ representatives of the apartment of this case and the pre-sale conversion price of the apartment of this case as KRW 115,00,000 on the preferential sale conversion.

E. The first lessee around November 2010 attached Form among the apartment of this case and Defendant around November 2010

2. The “Dong/Dong number” of the pre-sale conversion price calculation table was concluded for each apartment unit mentioned above (hereinafter “each unit sale contract of this case”) and the Defendant paid each corresponding amount to the Defendant in the “sale conversion price” column of the same Table as the sale price.

F. Between February 2012 and March 2012, i, to Plaintiff C; J to Plaintiff D; K to Plaintiff E; and Plaintiff F to Plaintiff F; and Plaintiff G to Plaintiff G and H

2. The “Dong/Dong number” of the pre-sale conversion price calculation table shall be transferred when transferring each of the relevant apartment units, and the right to claim a return of unjust enrichment on the amount exceeding the pre-sale price set by the relevant laws and regulations shall be transferred.

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