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(영문) 서울중앙지방법원 2018.01.29 2017나59262
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Defendant is a rental business operator who constructed and leased the F apartment in Yongsan-gu, Busan Metropolitan City (hereinafter “instant apartment”) and converted for sale in lots. The Plaintiffs are sectional owners who purchased the instant apartment after concluding a contract for sale in lots with the Defendant under the Rental Housing Act and subordinate statutes.

B. On November 14, 2003, the Defendant first announced the invitation of occupants to the apartment of this case, and concluded each lease contract with the Plaintiffs who won the invitation of occupants and each household of the apartment of this case with each of the households of this case for five years, which is a mandatory rental period. The occupancy was conducted after undergoing the use inspection on September 8, 2006.

C. After the expiration of the period of sale for sale in lots, the Defendant calculated the amount indicated in the “actual sale price” column in the calculation table with respect to each of the households of the apartment of this case as to the apartment of this case (attached Form) and notified the Plaintiffs thereof, and decided whether to purchase the apartment of this case.

Accordingly, between December 201 and March 2012, the Plaintiffs entered into a sales contract with the Defendant regarding the relevant apartment as indicated in the “Dong” column in the calculation sheet (attached Form) and paid the purchase price in full to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. In determining the rent conversion price of the apartment of this case, the defendant should set the price pursuant to the former Rental Housing Act and the relevant provisions, but the construction cost, which forms the basis for calculating the maximum price under the above Acts and subordinate statutes, shall be calculated by adding 5% to the total balcony voting cost, and applying the differential rate to the above Acts and subordinate statutes. The defendant is invalid since the part of the price paid by the plaintiffs to the defendant exceeding the reasonable selling price, which exceeds the reasonable selling price.

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