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(영문) 서울고등법원 2013.07.25 2012나102201
부당이득금
Text

1. Of the part against the plaintiffs in the judgment of the court of first instance, attached Form 2 calculation sheet against the plaintiffs.

Reasons

1. The reasoning for the court’s explanation on the facts and this part of the relevant laws and regulations is as stated in the corresponding part of the judgment of the first instance except for the addition of “P” to “P” following the judgment of the first instance. As such, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiffs asserted that they are tenants of the apartment of this case who hold the right of preferential conversion or those who inherited or acquired the right to claim return of unjust enrichment against the defendant from them. In calculating the sale price (sale conversion price) of each apartment of this case concluded between the plaintiffs and the defendant, the defendant first obtained the same time as the apartment of this case, in the case of Q apartment constructed in the region, 80% of the development cost of the housing site is applied to the apartment of this case, so despite the application of the same rate, 100% of the development cost of the housing site is applied to the apartment of this case, notwithstanding the fact that the same rate is applied to the apartment of this case, the housing site development cost is not included in the items related to the housing site under the laws and regulations, and the housing site cost is not included in the items related to the housing site, but in excess of the prescribed amount, 13.5 billion won of the development cost of the housing site, and 20.5 billion won of urban infrastructure charges are included in the construction cost of this case, and the defendant calculated the above construction price of the apartment of this case without legitimate reasons.

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