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(영문) 서울고등법원 2016.01.28 2013나2024571
부당이득금반환
Text

1. The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:

The defendant is the plaintiff J.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged with the Defendant on October 1, 2009; hereinafter “Defendant”) decided to construct and lease B apartment, a public construction rental apartment (hereinafter “instant rental apartment”) in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, which is a housing site it developed by itself, and began the construction work of the instant rental apartment on or around December 30, 2003 with the approval of the project from the head of Incheon Metropolitan City on January 30, 2003.

B. The Defendant announced the first recruitment of occupants on October 13, 2004, and completed the instant rental apartment around March 2006, and thereafter leased the instant rental apartment as a publicly constructed rental house for five years.

C. Since the mandatory lease period of the instant leased apartment was exceeded and the period of sale for sale for sale has arrived, around August 201, the Defendant sent a notice to the occupants of the instant leased apartment prior to the pre-sale conversion price calculated by the Defendant, to enter into a sales contract based on the pre-sale conversion price calculated by the Defendant.

Accordingly, the rest of the plaintiffs except for the plaintiffs listed in the list of the plaintiffs in the annexed list Nos. 17 among the plaintiffs, and AC (hereinafter collectively referred to as "Lessees who concluded a sales contract") entered into a lease agreement with the defendant about the rental apartment of this case.

E. From August 201 to October 201, 201, the Defendant concluded each sales contract (hereinafter “instant sales contract”) with the lessee with each of the corresponding amounts stated in the “Dong/Dong” column in the attached Table 3 as the sales price for each of the relevant apartment buildings listed in the attached Table 3 list, and received all the sales price under each of the instant sales contracts from the buyer thereafter.

F. AC that purchased 1302 Dong 1002, among the rental apartments of this case, is pending in the trial.

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