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(영문) 수원지방법원 2013.10.17 2011가합25407
부당이득금반환
Text

1. The defendant,

A. The Plaintiff A’s KRW 297,060 and the annual rate of KRW 5% from February 15, 2012 to October 17, 2013, respectively.

Reasons

1. Facts of recognition;

A. The Defendant comprehensively succeeded to the rights and obligations of the Korea Land Corporation and the Korea Housing Corporation established on October 1, 2009 under the Korea Land and Housing Corporation Act.

On November 15, 1995, the Governor of the Gyeonggi-do approved the implementation plan for the housing site development project pursuant to the Housing Site Development Promotion Act for Osan-si B, C, and D members (E district; hereinafter referred to as the “instant project district”). On November 29, 1997, the Governor of the Gyeonggi-do approved the implementation plan for the housing site development project pursuant to the Housing Site Development Promotion Act, and on November 29, 1997, he/she newly built 1,036 apartment units on 2 B- block 48,150 square meters (hereinafter referred to as the “instant apartment site”).

(hereinafter referred to as "the apartment of this case" is the apartment constructed by the defendant with the above approval.

On October 2, 2000, the Defendant first announced the apartment of this case, and the type of the apartment of this case, the area of each household, the number of households, etc. are as follows.

The 19.2603 98,648 (15.148) 119.2603 9.2604 18,648 (15.148) 19.2603 98,413 70,02,986 88,337, 399.34 18.34 18,6489 (15.1149) 16.2604B 84,84 19.26489 (15.149) 19.2604 84B 84,94 184 18.396,796.15 17.47546.796, 1986.79

C. Plaintiff M except Plaintiff F, G, H, and I was named respectively from “N” to “N on January 7, 2008; Plaintiff O from “P” to “P on June 9, 2011; and Plaintiff Q from “R” to “R” on October 22, 2009.

Around that time, J, K, and L entered into a lease agreement with the defendant as to each corresponding subparagraph of the apartment of this case as stated in the separate sheet of calculation in attached Tables 2 and 3 (Provided, That J, Plaintiff F, Plaintiff H, and Plaintiff H, respectively, respectively. On November 18, 2000, the apartment of this case was completed and resided in the apartment of this case for five years, which is a mandatory rental period, after the completion of the apartment of this case.

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