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(영문) 의정부지방법원 2016.10.21 2014가합54011
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On August 26, 1997, the Korea National Housing Corporation and the Korea Land Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged with the defendant on October 1, 2009; hereinafter “the defendant”) obtained approval from the Governor of Gyeonggi-do for a housing construction project for constructing a Z apartment (hereinafter “instant Z apartment”) of 567 households, etc. from the Gyeonggi-do Governor on August 26, 1997. On February 10, 200, the instant Z apartment was approved for a construction project plan for constructing a Z apartment (hereinafter “instant Z apartment”) with a total of 1,935 households, including one household of public sale, public rental, 1,934 households, etc.

B. The base date for calculating the pre-sale conversion price after five years from the first day of the month following the month in which the initial period for designating occupancy ends: The method for calculating the pre-sale conversion price under Article 3-3 [Attachment Table 2] of the Enforcement Rule of the Rental Housing Act: The pre-sale conversion price shall be the arithmetic average value of the construction cost

B. Construction cost: The housing price at the time of the public announcement of invitation of occupants - The public rental price at the time of the first public announcement of invitation of occupants (amount: : 199 and 200 two times in 199 and 200. Since that time, the Defendant entered into a lease agreement with the Plaintiff and the Plaintiff AAA (hereinafter “the first occupants of this case”) other than Plaintiff V (hereinafter “the first occupants of this case”) regarding the public rental portion of the apartment of this case at the time of the first public announcement of invitation of occupants. The terms and conditions of the first public announcement of invitation of occupants at the time of the public announcement of invitation of occupants are as follows.

C. On November 200, the Defendant completed the instant Z apartment around November 1, 200, and from January 2001, the first occupant of the instant Z apartment for five years, a mandatory rental period.

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