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(영문) 수원지방법원성남지원 2012.11.27 2011가합7167
부당이득금
Text

1. The defendant shall pay to the plaintiffs the corresponding money indicated in the attached Table 2 [Attachment 1].

Reasons

1. Basic facts

A. The Korea National Housing Corporation (hereinafter “Defendant”) obtained approval from Gyeonggi-do on November 6, 1995 for the housing site development project (hereinafter “instant development project”) to build public rental apartment units (hereinafter “instant development project”) in the Yangju-gun of Gyeonggi-do (Seoul-gun on October 19, 2003 at Yangju-gun) from the Gyeonggi-do on November 6, 1995.

B. On June 26, 200, the Defendant, according to the instant development project, announced the public announcement to the 763 households among the 792 households, which were constructed on the ground C (hereinafter “instant apartment”) under the development project of this case, in accordance with the Rules on Housing Supply and the Enforcement Rules of the Rental Housing Act.

(c) Details of the terms and conditions for sale in lots within the public announcement shall be as follows:

The time of conversion for sale: The basis for calculating the conversion price for sale after five years from the first day of the month following the month in which the date on which the initial period for designating occupancy ends: The method for calculating the conversion price under Article 3-3 [Attachment 2] of the Enforcement Rule of the Rental Housing Act - The conversion price for sale for sale in lots = (self-interest on the house price at the time of the initial recruitment for occupants) = (The house price at the time of the initial recruitment for occupants) the construction cost at the arithmetic average of the appraisal price = (the house price at the time of the initial recruitment for occupants) - (the depreciation cost) the sale price at a usual square meter (per unit) at the time when the initial recruitment for occupants was published for sale in lots (the unit price at the time of conversion for sale) at the time of the first recruitment for occupants. 84.34 to

D. After that, the Defendant concluded a lease agreement with the Plaintiffs, and leased each of the relevant apartment units as stated in the separate sheet 1, Dong, and lake column of the attached Table 2 among the instant apartment units for five years, which is a mandatory rental period.

E. On January 2006, the Defendant issued a public announcement for conversion of the apartment of this case into the sale, and made a decision for conversion of the sale price on March 9, 2006, the non-party Pacific Appraisal Corporation and Donga Appraisal Corporation as an appraisal business operator, respectively.

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