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(영문) 대전고등법원 2016.01.27 2013나10350
부당이득금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff (appointed party) corresponding to the revoked part is A and A.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is as stated in Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as stated in Article 420 of the same Act, with the exception of the dismissal of each corresponding part as follows.

Part 2: “A’s Nos. 1 through 5, 7’ has been approved by the Minister of Construction and Transportation on Nov. 22, 1993 for the development plan for the Daejeon District B’s housing site (amended by the Presidential Decree on May 11, 1994)” from Part 16 to Part 2 through 3 with “Evidence 1 through 5, 7, 1, 1, 2, 993,” and deleted Section 1’s (d) with the approval from the Minister of Construction and Transportation on Nov. 22, 1993 for the development plan for the Daejeon District B’s housing site (amended by this Ordinance, May 11, 1994).

2. Summary of the parties' arguments

A. The Defendant calculated the sale price by applying the standard construction cost publicly notified by the Minister of Construction and Transportation, which is not the “actual construction cost,” but the upper limit line, and calculated the sale price by applying 100% of the cost of housing site creation in accordance with the guidelines for the management of housing site development business, and calculated the sale price by applying 100% of the cost of housing site creation in accordance with the guidelines for the management of housing site development business, and at the time of conversion of sale, calculated the sale price in excess of the legitimate pre-sale conversion price prescribed by relevant Acts and subordinate statutes, such as the Rental Housing Act at the time of conversion of sale. As such, the portion exceeding the legitimate pre-sale conversion price in each of the instant sales contracts is null and void, and the Defendant shall return to the Plaintiffs and the designated parties of this case the amount stated in the “amount of unjust enrichment” column 1 of the “amount of unjust enrichment”, which is the difference between the purchase price calculated by the Defendant’s calculation price

B. At the time of the first invitation of occupants of the apartment of this case.

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