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(영문) 대전지방법원홍성지원 2016.12.08 2014가합502
부당이득금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation merged with the defendant on October 1, 2009; hereinafter referred to as the "Defendant") decided to construct and lease the C Apartment Apartment, a publicly constructed rental house (hereinafter referred to as the "the apartment of this case"), in Chungcheongnam-nam B, and completed construction around November 2001, and leased the apartment of this case for five years around that time.

B. On July 2006, before five years elapse from the mandatory rental period of the apartment of this case, the Defendant provided guidance for conversion to sale in lots on the apartment of this case.

Accordingly, the designated parties except the designated parties D (or their decedents, hereinafter the same shall apply) and the Plaintiff entered into a sales contract with the Defendant on November 2006 with regard to the unit space in the attached claim amount sheet, and paid the purchase price to the Defendant.

C. Around May 2007, the Appointor D entered into a sales contract with the Defendant and paid the sales price to the Defendant after having sold the instant apartment units 112 Dong 1003.

[Ground of recognition] Facts without dispute, Gap 1, 2 (including additional numbers), Eul 1, the purport of the whole pleadings

2. In calculating the pre-sale conversion price of the apartment in this case’s summary of the Plaintiff’s assertion, the housing site cost is attached to Article 18(1) of the Housing Site Development Work Guidelines

3. The criteria for the supply price of housing sites are calculated as 70% of the development cost, and the construction cost should be calculated on the basis of the construction cost actually invested. However, the Defendant calculated the pre-sale price based on the construction cost, including not only housing site expenses and direct construction expenses, but also construction expenses. Of the sales contract between the Plaintiff and the Defendant, the part that exceeds the pre-sale price calculated on the basis of the above criteria is invalid in violation of the mandatory law.

Therefore, the defendant shall make unjust enrichment and interest thereon and delay damages to the plaintiff and the designated parties.

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