logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2014.12.10 2013가합204467
부당이득금반환
Text

1. The Defendant: (a) KRW 202,475 for each of the Plaintiffs and each of them, 5% per annum from April 18, 2013 to December 10, 2014; and (b).

Reasons

1. Basic facts

A. The Korea National Housing Corporation (hereinafter referred to as the “Defendant”) obtained approval for the housing construction plan with respect to the construction of R apartment units (the exclusive use area by each household is 49.26m2 and each 18-story unit is 4 buildings; hereinafter referred to as “the apartment units of this case”) of the 428 public rental household located in Qil-si Seoul Metropolitan City, Chungcheongnam-si, and obtained approval for the housing construction plan with respect to the construction of the R apartment units (the exclusive use area by each household is 49.26m2 and each 18-story unit is 4 buildings; hereinafter referred to as “the apartment units of this case”).

B. The defendant leased the apartment of this case to the lessee from May 200 to the lessee for five years. The remaining plaintiffs except the plaintiff N's decedent S and the plaintiff N are either the lessee or the transferee of the right of lease.

C. The Defendant entered into a sales contract with the above lessee on July 2005 for each apartment as stated in the corresponding “Dong” and “Dong Water” column among the apartment of this case (hereinafter “each apartment sales contract of this case”). D. The Defendant entered into the sales contract of this case as to each apartment of this case as stated in the separate claim table among the apartment of this case.

Under the premise that the construction cost of the apartment of this case is KRW 31,960,443,00, the Defendant set the respective amount stated in the "amount converted for sale in lots for the Defendant" in the attached claim sheet, which is the arithmetic mean of the average appraisal value of the construction cost per household and two appraisal institutions (Es appraisers, Es appraisers, and Japanese Certified Appraisers), as the sale price for the apartment of this case.

E. As the network S died on November 8, 201, Plaintiff N inherited the network S’s property solely.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 17, Eul evidence 1, Eul evidence 4 (including each branch number in case of additional evidence) and the purport of whole pleadings

2. Determination on the cause of the claim

A. The legitimate pre-sale conversion price of the apartment of this case asserted by the plaintiffs should be calculated in accordance with the standards prescribed by the relevant laws, such as the former Rental Housing Act.

arrow