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(영문) 대전고등법원(청주) 2016.05.17 2013나20565
부당이득금반환
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall list the plaintiffs (appointed parties) A, C, and attached papers.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Defendant was merged with the Korea Land Corporation on October 2009 and became the Defendant; hereinafter the “Defendant”) obtained approval for housing construction projects for the 12-Dong-dong 1,398 units on the land surface of 12-dong 51060 square meters of Cheongju-gu, Chungcheongnam-gu, Seoul, which was developed by itself in accordance with the Housing Site Development Promotion Act, etc. from the Cheongju-gu mayor around October 1997.

B. On November 30, 1998, the defendant started the new construction of the apartment of this case, and made the first announcement on December 28, 1998. The apartment of this case was completed on December 12, 2001.

The defendant leased the apartment of this case from December 22, 2001 to five years, and converted the apartment of this case into parcelling-out from February 2, 2007.

C. The plaintiff A, C, and the attached list Nos. 1, 34, 41, 46, 56, 70, 82, 83, 96, 98, 104, 114, 125, 136, 137, 146, 162, 176, 181, 227, 246, 292, 303, 307, 307, 327, 328, 342, 374, 371, 379, 405, 412, 423, 45, 461, 465, 6365, 665, 765, 67, 67, 67, 3665, 67, 67, 67, 36665, 765, 7665, etc.

Plaintiff

Each household that has been sold in lots or succeeded to the area of sale in lots and the area of sale in lots are as shown in the attached Table 2 of the calculation table, and the area of sale in lots are as shown in the "exclusive area" [the Appointed 74 shall have 2/15 shares with respect to 102 Dong 506, 102 Dong 105, 110 Dong 207, and 1/2 shares with respect to 110 Dong 207, respectively], and the sale price of each household at the time of the sale in lots as shown in the same table.

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