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(영문) 서울중앙지방법원 2017.05.18 2014가합589195
부당이득금 반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

On September 14, 2001 with the approval of the housing construction project plan on September 14, 2001, the Ministry of Construction and Lease Co., Ltd. constructed 746 units of rental apartment units (hereinafter “the apartment units of this case”) which are public rental housing units on the 32,004.60 square meters of land J in Daegu-gu, North-gu, Seoul (hereinafter “the apartment units of this case”) and underwent a pre-use inspection on May 27, 2003, and around that time, leased the apartment units of this case to Plaintiffs 186, K, 187, L, 188, E, 298, E, 299, F, 300, 367 N, 368, O, 369, and 369 to the rest of the Plaintiffs, Q, R, and S (hereinafter “the remainder Plaintiffs, Q, and SH”) except for P.

On December 30, 2009, the Defendant was divided and established from the vice-Decree Co., Ltd., and accordingly succeeded to all rights and obligations regarding the housing projects of vice-young Co., Ltd., thereby succeeding to all rights and obligations regarding the apartment of this case.

(2) Unless there is any special reference, the conversion to sale in lots was made by the head of Daegu Northern District Office on July 31, 2009. The Defendant applied for the conversion to sale in lots for the apartment of this case to the head of Daegu Northern District Office on July 31, 2009. On September 4, 2009, the conversion to sale in lots was approved by the head of Daegu Northern District Office.

The Defendant calculated the pre-sale conversion price based on the building cost calculated based on the standard building cost according to the notification of the Minister of Land, Transport and Maritime Affairs at the time of the initial tenant recruitment, and set the pre-sale conversion price for 23 square meters (exclusive 59.84 square meters) for 242 households among the instant apartment units as KRW 82,40,000, and 30 square meters (exclusive 81.17 square meters), respectively, at KRW 109,400,000.

The first lessee entered into each contract for the sale of each apartment unit (hereinafter “each contract for sale in this case”) from September 2009 to October 201, 2010, and each contract for the sale in this case has been entered into with the father-young Co., Ltd. and the attached Form 2 with the Defendant.

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