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(영문) 의정부지방법원 2013.01.30 2011가합1962
부당이득금
Text

1. The defendant shall pay to the plaintiffs the amount corresponding to each plaintiff as stated in attached Form 2's "official fees" and each of them.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence 1 to 3, 5, 6, Eul evidence 1 to 5, and 8 (including each number, if any; hereinafter the same shall apply):

On November 6, 1995, the Korea National Housing Corporation and the Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged with the defendant on October 1, 2009; hereinafter the same shall apply) obtained approval of the development plan for a housing site development project for a zone A (hereinafter referred to as the “instant development project”) from the Gyeonggi-do Governor of Gyeonggi-do for the housing site B, C (D, E) of a single site (hereinafter referred to as the “instant housing site”) from the Gyeonggi-do Governor on November 6, 1995, approval of the development plan for a housing site and implementation plan for the said housing site development project on May 6, 1997, and obtained approval of the modification of the development plan for a housing site and the implementation plan for the housing site development project on several occasions thereafter.

The area of the instant housing site was finally 563,831 square meters on June 25, 2002 through the approval of the said alteration.

B. On August 26, 1997, the Defendant obtained approval of the housing construction project plan and its modification from the Governor of Gyeonggi-do to build G apartment units with a total of 1,935 households, including 368 households in public sale, labor welfare, 1,000 households in public rental, and 567 households in public rental (hereinafter “instant apartment”). On February 10, 200, the Defendant obtained approval for the modification of the housing construction project plan to build the instant apartment units with a total of 1,935 households, including one household in public sale, one household in public rental, 1,934 households in public rental, etc.

(c) Initial tenant recruitment announcement period: From the 1st day of the month following the month in which the initial period for designating occupancy ends to 5 years: Method for calculating pre-sale conversion price under attached Table 2 of the Enforcement Rule of the Rental Housing Act: Construction cost and appraisal amount.

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