The judgment below

The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.

The plaintiffs.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by the Plaintiffs, the lower court acknowledged that the construction cost actually invested in the instant apartment was KRW 105,003,507,715, by comprehensively taking account of the evidence of the employment.

The judgment below

In light of the records, the above fact-finding by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding the actual construction cost and the burden of proof, or by failing to exhaust all necessary deliberations regarding the

2. As to the Defendant’s ground of appeal

A. As to ground of appeal No. 1, the former Rental Housing Act (amended by Act No. 9863, Dec. 29, 2009; hereinafter the same applies)

(1) Article 21 of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 21892, Dec. 16, 2009; hereinafter the same) provides that, in cases where a rental business operator sells rental housing constructed with funding from the National Housing Fund or built on a housing site developed by a public project after the expiration of the mandatory rental period, the rental business operator shall do so preferentially to the lessee (paragraph (1)), and necessary matters concerning the method, procedure, price, etc. of such conversion for sale in lots shall be prescribed by Presidential Decree

Article 23(8) of the Act provides that "where the public rental housing (excluding the publicly constructed rental housing referred to in the subparagraphs of Article 13(5)) is converted for sale pursuant to Article 21(1) through (9) of the Act, necessary matters other than those prescribed in paragraphs (1) through (7) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs concerning the criteria, method, procedure, etc. for calculating the conversion price for sale shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs."

Article 9(1) [Attachment I] of the pre-sale conversion price of public constructed rental housing.