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(영문) 인천지방법원 2014.07.25 2013가합20393
부당이득금반환
Text

1. The defendant's remaining plaintiffs, other than the plaintiff A, are as stated in the "personal fee" column in the attached Table 2 list.

Reasons

Basic Facts

A. The Defendant’s construction and sale of rental apartments 1) Korea National Housing Corporation (Korea Land Corporation on October 1, 2009) was merged with that of Korea Land Corporation and became the Defendant.

Defendant (hereinafter referred to as “Defendant”)

) The C Apartment, a public construction rental apartment (hereinafter referred to as “instant rental apartment”) in the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, which is a housing site directly developed by it.

On October 25, 1996, after obtaining approval of an implementation plan for a housing site development project under the Housing Site Development Promotion Act from the Mayor of Incheon Metropolitan City on December 30, 1997, the construction work of the instant leased apartment was commenced on December 30, 1997. (2) In making the first tenant recruitment announcement on August 31, 1998, the Defendant publicly announced the total construction cost of the instant leased apartment as KRW 38,034,65,00 based on the standard construction cost as at the time of the first tenant recruitment, and the total construction cost of the instant leased apartment as at KRW 12,047,09,000 based on the estimation cost under the Housing Site Development Promotion Act and the total construction cost as at the time of the first tenant recruitment.

3) The Defendant completed the instant rental apartment on August 12, 200 and leased the instant rental apartment as publicly constructed rental housing for five years from December 1, 200 to November 30, 2005. (b) Each sales contract between the Defendant and the Plaintiffs, excluding Plaintiff D or E, and F, G, H, and I entered into a lease contract with the Defendant for five years from December 1, 200 to November 30, 205 with respect to the instant rental apartment, respectively, and entered into a sales contract with the Defendant for five years from January 1, 200 to February 30 of the same year as stated in the “Defendant pre-sale conversion price calculation” column in the attached Table 2 from January 2, 2006 to December 30 of the same year, respectively, and paid the sales price to the Defendant at that time.

2. After the death of F, Plaintiff D, his wife, succeeded to the claim for return of unjust enrichment related to the conversion for sale in lots. Plaintiff J and his wife, Plaintiff K and L, who were his wife, succeeded to all rights related to the conversion for sale in lots. Plaintiff M, his children, Plaintiff N,O, and P, who were his wife, died, have all rights related to the conversion for sale in lots.

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