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(영문) 대전지방법원 2013.04.24 2011가합15210
부당이득금
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 and the defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation; hereinafter referred to as the "defendant") before and after the merger, it was amended by Act No. 5230 of Dec. 30, 1996 by the former Housing Construction Promotion Act from the Do governor of Chungcheongnam-gun, Chungcheongnam-do on March 31, 1997

(a) The same shall apply;

A) The approval of the housing construction project plan was obtained in accordance with the housing construction project plan, and the approval of the modification of the said housing construction project plan was obtained on March 24, 1998. B. The Defendant’s above ground (the 6-dong units of public rental housing and 595 units of public rental housing and hereinafter “instant apartment”).

(1) Around May 198, 1998, the first tenant recruitment notice was given, and thereafter, the Plaintiff P, Q, and R’s decedents, and the rest of the Plaintiffs (hereinafter “the network S and the rest of the Plaintiffs”).

(C) Around June 2005, the apartment house of this case was leased to the Defendant for five years. Around 2005, the Defendant publicly announced that the period of lease of the apartment of this case arrived after five years, which is the mandatory period of conversion for sale in lots. Upon applying for sale in lots to the network S and the rest of the Plaintiffs, the Defendant concluded the sales contract of this case with Plaintiffs 110, 202, 110, 110, 203, 110, 301, 110, 304, 110, 110, 403, 110, 501, 110, 504, 110, 110, 504, 110, 602, 610, 1010, 1501, 10, 1501, 10, 1501, 10, 15, 1014, 15.

B. At this time, the Defendant calculated the standard construction cost at the construction cost of the apartment in this case by setting 100% of the development cost as the housing site cost of the apartment in this case.

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