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(영문) 의정부지방법원 2014.01.16 2011가합14586
부당이득금반환
Text

1. The defendant shall record the remaining plaintiffs except for plaintiffs 1, 2, 3, 20, 22, 48, 8, 118, and 119 in the attached Table.

Reasons

1. Facts of recognition;

A. The Korea National Housing Corporation (the defendant was merged with the Korea Housing Corporation on October 1, 2009 and became the defendant; hereinafter the "Defendant") has announced the invitation of residents in accordance with the Rules on Housing Supply and the Enforcement Rules of the Rental Housing Act in order to lease the Namyang Esta (hereinafter the "the apartment of this case") to the EP unit in Namyang-si, Namyang-si.

Accordingly, the Plaintiffs leased the relevant apartment in the column of “Dong-ho,” stated in the separate sheet of the E Q apartment located in Nam-si, Nam-si, Namyang-si.

B. Since June 27, 2007 to July 31, 2007, the Defendant entered into a sales contract with the Plaintiffs on each apartment as stated in the attached Table “Dong number” column (hereinafter “instant sales contract”). The Plaintiffs around that time paid the pre-sale conversion price calculated based on each amount indicated in the attached Table “the Defendant’s conversion price” as the sales price, and received each corresponding household as stated in the attached Table “Dong number” column.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 3 (including branch numbers for those with branch numbers), the purport of the whole pleadings

2. The plaintiffs' assertion that the sale conversion price of the apartment of this case should be calculated in accordance with the standards prescribed by relevant Acts and subordinate statutes, such as the Rental Housing Act, and since the excess amount is calculated as the sale conversion price, the part of each sale conversion price exceeding the reasonable sale price is invalid.

Therefore, the defendant is obligated to return each money stated in the attached Table "request amount" column, which is the amount received in excess of the legitimate pre-sale conversion price to the plaintiffs, and the damages for delay thereof.

3. Determination

A. Provisions of relevant Acts and subordinate statutes / [former Rental Housing Act (wholly amended by Act No. 8966, Mar. 21, 2008)] (Purpose of this Act is to construct, supply and manage rental housing.

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