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1. The defendant,
(a) Plaintiffs 7 through 43, 50 through 86, 89 through 115, 121 through 143, 148 through 173, 175, and 181 through 143.
Reasons
1. Basic facts
A. On July 31, 1999, the Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation merged with the defendant on October 1, 2009; hereinafter collectively referred to as the "the defendant") constructed a C apartment (hereinafter referred to as the "the apartment of this case") which is a public rental housing unit on the A and B ground purchased from the Seosan market on July 31, 199.
B. The apartment of this case is divided into one complex A (101 to one hundred and fifty - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - another)
C. On May 2, 2001, the Defendant: (a) purchased the instant apartment from around September 2, 2007, after which the mandatory rental period of five years elapsed; (b) concluded a sales contract with the Plaintiffs as to the corresponding number of the apartment units as indicated in the separate sheet No. 2 attached hereto (hereinafter “instant sales contract”); and (c) the Plaintiffs paid all the sales price under the said sales contract.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 12, Eul evidence 1 and 7 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. In calculating the pre-sale conversion price of the apartment of this case, the Defendant’s assertion that the price should be calculated in accordance with the standards prescribed by relevant statutes, such as the Rental Housing Act. As such, the excess amount was calculated based on the pre-sale conversion price, the part regarding each of the instant sales
Therefore, the Defendant is obligated to return each of the money indicated in the “claim Amount” column of the attached Form 2 calculation sheet, which is the remaining amount after deducting the legitimate pre-sale conversion price from the apartment sale price of the instant apartment.
3. Determination
A. The standards for calculating pre-sale conversion conversion conversion conversion conversion price and the legal relationship on the conversion of rental housing into sale should be applied to the legal relationship on the conversion of rental housing into sale, in principle, not at the time of initial recruitment or lease of occupants (see Supreme Court Decision 2011.