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(영문) 광주고등법원 2015.12.11 2012나7181
부당이득금반환
Text

1. The plaintiff G, Z, E, E, V, M, K, H, QA, Q, D, S, P, W, W, J,O, AB, C (Plaintiff 238), B, BC, N, L, X, F, I, Y, R, respectively.

Reasons

Basic Facts

The plaintiffs are the persons who received preferential purchase conversion from the defendant in each subparagraph of the A Ground B Apartment (hereinafter “the apartment of this case”), and the defendant is a company with the purpose of real estate sale and lease business, etc. and constructed the apartment of this case with the funding from the National Housing Fund, and sold it to the plaintiffs.

Around August 2001, the Defendant publicly announced the recruitment of occupants to rent the apartment of this case pursuant to the "Rules on Housing Supply" and the "Enforcement Rules of the Rental Housing Act", and around that time, each lease contract was concluded with the Plaintiffs on each apartment as stated in the "Dongho Lake" column in the attached Table 1 calculation sheet.

The apartment of this case is divided into 35A square meters (118.5926 square meters) and 35B square meters (118.682 square meters of supplied area) depending on the supplied area.

On January 2007, when five years have elapsed since the mandatory rental period, the Defendant calculated the pre-sale conversion price to convert the apartment of the instant apartment, and publicly announced the conversion price to the Plaintiffs. The Plaintiffs raised an objection to the pre-sale conversion price calculated by the Defendant, and refused to enter into a sales contract for conversion to sale.

Accordingly, on December 26, 2007, the Defendant filed a lawsuit against some of the plaintiffs against the Gwangju District Court Decision 2007Gadan2402, and on December 26, 2007, the mediation of the contents of the sales contract between the above plaintiffs and the defendant regarding the apartment of this case (hereinafter “instant mediation”).

On the other hand, around January 2008, the Defendant concluded a sales contract for the instant apartment (hereinafter “instant sales contract”) with the remaining plaintiffs except the above plaintiffs.

The purchase price of the apartment of this case, which the Defendant and the plaintiffs set forth in the above adjustment and sales contract, shall be as specified in the attached Table 1 "sale conversion price" column.

The buyer of the apartment of this case 105 Dong 706 is deceased by BH or BH, and Plaintiff BI is divided by agreement.

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