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(영문) 수원지방법원성남지원 2015.04.10 2012가합7379
부당이득금 반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

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 collectively referred to as the “Defendant”) decided to construct six main apartment units, the public rental house, and 448 households, the main apartment units, the public rental house, on the ground A, Chungcheongnam-nam Budget-gun (hereinafter referred to as the “instant apartment units”), and publicly announced the invitation of occupants on July 13, 199.

B. After the public announcement of the recruitment of occupants, the Defendant entered into a lease agreement with each of the households indicated in the column for “lease subject matter” in the attached Table 2 of the apartment of this case.

C. Around May 200, the apartment of this case had undergone a pre-use inspection, and around that time, the occupants occupied the apartment of this case. The Defendant entered into a sales contract with each occupant to sell each of the households occupied from December 2, 2005 to March 2006, stating the “Defendant calculated pre-sale conversion price” in the attached Table 2 from around 5 years to around 2006.

Plaintiff

B, on July 12, 2010, the ownership of the instant apartment unit 104 Dong 1302, the Plaintiff D acquired the ownership of the instant apartment unit 105 Dong 1502, the ownership of the instant apartment unit 105 Dong 1502, the Plaintiff F acquired the ownership of the instant apartment unit 106 Dong 501 on April 22, 201, and the Plaintiff F acquired the ownership of the instant apartment unit 106 Dong 501 on March 14, 2012 due to each consultation and division.

E. Plaintiff H, the seller of the instant apartment 106 Dong 104, was named as “I” at the time of sale, but was named as “H” thereafter.

F. Of the instant apartment, Plaintiff K succeeded to the claim for return of unjust enrichment against the said apartment-related Defendant upon the death of JJ, 104 Dong 104, and Plaintiff K succeeded to the claim for return of unjust enrichment against the said apartment-related Defendant. The Plaintiff M succeeded to the claim for return of unjust enrichment against the said Defendant on the ground that the sales contract L, 105 Dong 902 among the instant apartment

[Ground of recognition] There is no dispute.

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