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(영문) 전주지방법원군산지원 2012.10.25 2012가합619
부당이득금반환
Text

1. The defendant is with respect to plaintiffs 372 and 382-E, 221, and 329-D and 218, except plaintiffs A and B.

Reasons

1. Basic facts

A. On July 1, 2005, the Defendant recruited the lessee through a public announcement of the recruitment of occupants with respect to H apartment units with 10 Dong-dong 972 households, G, Gun-si, Gun-si, which is the publicly constructed rental house supported by the National Housing Fund (hereinafter “instant apartment units”).

Conversion for sale in lots (lease period): Standards for calculating conversion for sale in lots (sale) at the expiration of five years or one half of the mandatory period under Article 9 (2) 3 of the Enforcement Decree of the Rental Housing Act (after two years and six months from the lease commencement date): pursuant to Articles 9 (5) and 13 (3) of the Enforcement Decree of the Rental Housing Act and Article 3-3 of the Enforcement Rule of the same Act.

B. The Plaintiffs (excluding Plaintiff A and B) concluded a lease agreement with the Defendant on a five-year lease term with respect to each household indicated on the “subject matter” column for the calculation of the attached unit sale conversion price among the apartment buildings of this case, and resided in each household.

C. On October 26, 201, after the expiration of the mandatory rental period, the Defendant obtained approval for conversion for sale in lots from the Gunsan market for rental housing. The approval for conversion for sale in lots included the upper limit of conversion for sale in lots calculated as construction costs, and the Defendant obtained approval for conversion for sale in lots as shown above

2. Each pre-sale conversion price was determined, such as the “actual pre-sale conversion price” column for calculation of pre-sale conversion price.

Accordingly, the plaintiffs are attached Form between the defendant and the defendant

2. The sales contract was concluded under which each household with the “object” stated on the calculation of the pre-sale conversion conversion price is to purchase the unit price in the “actual pre-sale conversion price” column, and the amount was paid to the Defendant

2. Each registration of ownership transfer is completed on the date indicated in each “ownership transfer date” column for calculation of pre-sale conversion price.

[Ground of recognition] The fact that there is no dispute, Gap 1 certificate (including each number, hereinafter the same shall apply), Eul 1 certificate, 7 evidence, and oral argument.

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