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(영문) 서울중앙지방법원 2015.08.21 2014가합55074
부당이득금반환
Text

1. The defendant, except for the plaintiff A, B, and C, is listed in the attached Table 2.

Reasons

1. Basic facts

A. Sung Ho Construction Co., Ltd. (hereinafter “Ssiho Construction”) constructed E apartment (hereinafter “instant rental apartment”) on the D ground of the Seocho-si, Seocho-si, 2001, with the funding from the National Housing Fund, for rent purposes.

B. In around 201, the lease period of the Plaintiffs, Nonparty G, and H, other than Plaintiff F, and C, was five years from the Sungho Construction, and each “sale household” as indicated in the attached Table 2 among the rental apartments of this case was leased.

C. On December 20, 2001, the Defendant purchased the instant rental apartment from Hoho Construction, and succeeded to all rights and obligations of Hoho Construction regarding the said apartment rental contract.

After the lapse of the mandatory lease period of this case, the Defendant started conversion into parcelling-out for the leased apartment of this case, and around May 2006, the Plaintiffs other than Plaintiff F, C, G, and H set the amount stated in the “pre-sale conversion price” column in the attached Table No. 2 sheet with the Defendant as the parcelling-out price, and concluded a sales contract for each apartment leased with the Defendant (hereinafter “instant sales contract”) and paid the sales price to the Defendant.

E. From July 27, 2012, Plaintiff F inherited the apartment indicated in the [Attachment Table 32] No. 32 “sale household” column from G from the instant rental apartment by agreement and division of inherited property, and succeeded to the rights and duties of G regarding the sales contract of the said apartment. Plaintiff C inherited the apartment indicated in the [Attachment Table 102] No. 102 “sale household” column from H on October 14, 2014, by inheritance through division of inherited property, and succeeded to H’s rights and duties regarding the sales contract of the said apartment.

The standard for the type of housing (exclusive area) is the total contract area (B) per household unit (=the contract area) (=the total contract area) x 49.65 square meters x 49.65 square meters (B) 70.816 square meters (total 16 or more stories) 29,742.72 square meters and the total 1,308 square meters 15 square meters and below 24 households.

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