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(영문) 인천지방법원 2013.10.01 2012가합6925
부당이득금반환
Text

1. The defendant shall pay to the plaintiffs each corresponding amount and each corresponding amount as stated in the attached Table 2 list.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (hereinafter “Defendant”) decided to construct and lease B apartment, a public construction rental apartment (hereinafter “instant rental apartment”), a housing site developed by it (hereinafter “the instant rental apartment”), in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, which is a housing site developed by it, and began the construction work of the instant rental apartment around January 30, 2003 with the approval of the project from the head of Incheon Metropolitan City on its own.

B. The Defendant announced the first invitation of occupants on October 13, 2004, and completed the instant rental apartment around March 2006, and thereafter leased the instant rental apartment as a publicly constructed rental house for five years.

C. Since the mandatory lease period of the instant leased apartment was exceeded and the period of sale for sale for sale has arrived, around August 201, the Defendant sent a notice to the occupants of the instant leased apartment prior to the pre-sale conversion price calculated by the Defendant, to enter into a sales contract based on the pre-sale conversion price calculated by the Defendant.

The rest of the Plaintiffs except Plaintiff D, E, F, G, and H, who are the parties to the lawsuit of the deceased C, concluded a lease agreement with the Defendant on the instant leased apartment. From August 201 to October 201, each of the instant leased apartments entered into a sales contract with the Defendant and the Defendant that they would purchase each of the relevant apartment units listed in the attached Table 2 “Dong-ho” column in the attached Table 2, which they leased and resided in, among the leased apartment units of this case.

E. On September 16, 2011, the network C concluded a lease agreement with the Defendant on 1308 dong 801 among the instant leased apartments, and concluded a sales contract with the Defendant to sell the said 1308 dong 801 dong 1308 dong 117,755,000.

(f) Plaintiff D, E, F, which is the litigant’s taking over of the proceedings of the network C.

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