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(영문) 서울고등법원 2016.10.12 2015나2072284
손해배상(기)
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. Basic facts

A. (i) On August 30, 201, the Defendant obtained the approval of the apartment construction project plan and the upper limit of the sale price, and obtained the approval of the project plan for the construction and sale of 622 households in Sejong Special Self-Governing City B (A block) and 1,970 households in D (C block) (hereinafter “instant 1 apartment”).

In order to be determined on the upper price of each apartment of this case subject to the upper price ceiling system pursuant to Article 38-2(1) of the former Housing Act (amended by Act No. 11243, Jan. 26, 2012; hereinafter “former Housing Act”), the Defendant submitted the examination data as indicated in the following table to the Sales Price Review Committee. After reviewing the data submitted by the Defendant, the Sales Price Review Committee decided on Sept. 28, 201 pursuant to Article 38-2(2) and (3) of the former Housing Act and Articles 7, 8, and 14 of the Rules on the Calculation, etc. of Sale Price of Multi-family Housing (Ordinance No. 352 of the Ministry of Land, Transport and Maritime Affairs) (Ordinance No. 352), as indicated in the following column for the upper price ceiling:

The first apartment of this case (won) 32,187,406,5222,10,817,123,281,516,221,520,5206,530,530,868,989 279,53,014,014, 948, 222,865,267,9746,267,846,746,766,760, 767, 867, 974, 975, 267, 974, 267, 975, 267, 975, 267, 975, 267, 974, 267, 975, 267, 297, 167, 207, 1984, 297, 16381, 297, 1975

B. (i) The Defendant’s announcement of the recruitment of the Defendant shall be made on October 7, 201, and the sale price of multi-family housing shall be calculated in accordance with Article 38-2(4) of the Housing Act within the scope of the upper limit of the sales price.

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