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(영문) 청주지방법원 2013.11.27 2013가합25917
특별수선충당금 청구
Text

1. The Defendant’s KRW 270,613,507 as well as 5% per annum from April 1, 2006 to November 27, 2013 as to the Plaintiff.

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 the same shall apply) obtained approval of the project plan around May 8, 1997 for 8, Jincheon-gun, Jincheon-gun, Jincheon-gun and 144 and 690 households on the ground of Jincheon-dong, Jinsung-dong, Jinsung-dong, 1997 (hereinafter the “the apartment of this case”). Since completion of the apartment of this case on September 15, 200, the apartment of this case was approved to use it as public rental housing on September 15, 200, and was managed as a rental business operator under the Rental Housing Act.

B. Around November 2005, the Defendant converted the instant apartment into a general housing owned by the public rental housing unit. The Plaintiff is an organization that has occupied the instant apartment based on the Rental Housing Act for the management of the instant apartment, and was transferred by the Defendant on March 31, 2006 the management of the instant apartment from the Defendant.

(c)The standard construction cost (the maximum construction cost) price per square meter as publicly notified by the Minister of Construction and Transportation at the time of May 8, 1997, which is the date of approval for the housing construction project plan, is as listed below. The apartment complex of this case consists of 5 Dong 15 and 3 Dong 12, and its exclusive area is 20 square meters in total.

The maximum price of construction costs (units: 1,755,000,900 won for 15 stories below 15 stories below 25.7 square meters (85 square meters) converted into 25.7 square meters for each floor (exclusive area) for each floor; 5.7 square meters;

D. The housing supply area of the instant apartment 690 households is a total of 53,106.678 square meters (=76.962 square meters x 690 households).

E. The laws and regulations relating to the instant case are as follows:

[former Housing Construction Promotion Act] The definitions of terms used in this Act are as follows:

4. The term "managing body" means an autonomous management organization, a housing management operator and a project undertaker which are organized by occupants to manage the collective housing;

5. The term "project proprietor" means a project proprietor;

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