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(영문) 서울고등법원 2016.09.22 2016나2030409
부당이득금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation on this part of the basic facts is based on the reasoning of the judgment of the court of first instance, as stated in paragraph (1) of the same Article, and thus, citing it as it is in accordance with the main sentence of

2. The plaintiffs' assertion

A. In calculating the pre-sale conversion conversion price of the instant apartment, the Defendant calculated the pre-sale conversion price of the instant apartment, and included the standard construction cost that is not the actual construction cost in the construction cost items, and ② included 100% of the estimated construction cost of the housing site in the housing site cost items, and ③ did not deduct the instant non-execution charge from the housing site cost.

Accordingly, the Plaintiffs suffered losses equivalent to the difference between the reasonable pre-sale conversion price and the pre-sale conversion price excessively calculated by the Defendant (hereinafter “the excess pre-sale conversion price of this case”) when calculated by applying the relevant Acts and subordinate statutes, and the Defendant had profits equivalent to the same amount.

B. The pre-sale conversion contract concluded with the pre-sale conversion price exceeding the amount calculated on the basis of calculation standards stipulated in the relevant provisions among the pre-sale conversion contract of this case, which is the primary cause of claim,

Therefore, the defendant's return of unjust gains upon partial invalidation of a contract to the plaintiffs, which is the excess pre-sale conversion price of this case.

2. The "amount of unjust enrichment or amount of compensation" stated in the calculation sheet shall be paid for the amount and the delay damages calculated from each date stated in the "registration Date" stated in the same calculation sheet, which is after the payment date of the last sale price.

C. The defendant's calculation of the price for sale in lots in violation of the relevant laws and regulations, which are mandatory law, constitutes a tort against the plaintiffs.

Therefore, the Defendant’s list of the excess pre-sale conversion price of this case to the Plaintiffs due to tort damages.

2. The "amount of unjust enrichment or amount of damages" stated in the calculation table is the amount stated and the final payment date for such amount.

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