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(영문) 대전지방법원 2013.01.23 2011가합14750
부당이득금
Text

1. The defendant shall make the attached Table 1 attached hereto to the plaintiff (appointed party) and each of the designated parties.

Reasons

1. The following facts may be admitted if there is no dispute between the parties, or if the purport of the entire pleadings is examined in each entry in Gap evidence Nos. 1 to 3 (including each number in the case where there are serial numbers):

The Korea National Housing Corporation (the defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009; hereinafter the same shall apply) decided to construct and lease D apartment units in Seo-gu, Daejeon (hereinafter the "the apartment units of this case") on November 22, 1993 after obtaining approval of the housing site development plan in Daejeon District B (the approval of the project plan was obtained on May 11, 1994). On November 22, 1995, the first tenant recruitment announcement was made on November 22, 1995, and thereafter leased it for five years thereafter.

Luxembourg around October 2002, when the mandatory lease period of the apartment of this case elapsed, the construction cost of the apartment of this case was applied to the standard construction cost, and the housing site cost was converted for sale at the pre-sale conversion price calculated by applying 100% of the estimated development cost.

B. First of all, the Plaintiff (Appointed Party) and each of the designated buyers listed in the separate sheet for calculation of unjust enrichment (hereinafter “the first buyer”) entered into a lease agreement with the Defendant on the apartment of this case and entered into a sales contract with the Defendant on October 2002 on each apartment of this case. Around October 2002, the Defendant and the Defendant entered into a sales contract on each apartment of this case stated “Dongho-ho-ho-ho-ho-ho” as stated in the same Table.

D. The first buyer of this case paid each of the money stated in the "(1) of the initial sale price" in attached Table 1 of the calculation sheet of unjust enrichment to the defendant as the sale price, and completed the registration of ownership transfer concerning the relevant household among each of the apartment units of this case.

C. The designated parties listed in the attached Table 2 for calculation of unjust enrichment with the general buyers shall be the remainder after the first purchase conversion among the apartment buildings in this case.

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