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(영문) 서울고등법원 2016.11.10 2016나2008389
부당이득금반환
Text

1. Of the judgment of the court of first instance, the ancillary claim against the plaintiffs listed in the separate sheet No. 3 is added at the trial.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (hereinafter “Defendant”) was merged with the Korea Land Corporation on October 1, 2009 and became a “Defendant”; hereinafter “Defendant”) has obtained approval from the Gyeongnam-do Governor on July 31, 1995 of the Housing Site Development Plan for the B Il-si, Kimhae-si, Kim Jong-si, and obtained approval of the said project plan for the construction of public rental housing in the same period around that time.

B. On December 28, 1996, the defendant constructed the D Apartment 503 (hereinafter “the apartment of this case”) and announced the first invitation of occupants as indicated below.

The area of a type of household (land size) housing unit (land size), security deposit (land size) housing unit (land size), sale area (land size), and other residential area (land size) 503 63 63 69.62 14.62 63.92 63.92 2.094.495 74.5201 2676,766,000 6.06 6.076 6.06 66.46.46.36.13 6.05 2236 7,05 76,058,006 76.136.414 2.5 76.236 7,058,000 6.27

C. Around April 1999, the Defendant leased the remainder of the Plaintiffs, other than Plaintiffs A, K, L, M, N, andO, and E, F, G, H, I, I, and J as a public rental apartment for five years, and converted into parcelling-out around June 2004.

Accordingly, from June 204 to June 2004, Plaintiff A, K, L, M, H, H, I, and J concluded with each of the plaintiffs, E, F, G, H, I, and J respectively, a contract with the defendant for the purchase of each of the corresponding amount of money stated in the "sale price" column of attached Table 2 with respect to each apartment stated in the same Table as the sale price (hereinafter "each of the sale contracts in this case").

After that, F transferred the status of the above sales contract as to No. 402 Dong 604 to Plaintiff K, G transferred the status of the above sales contract as to No. 404 Dong 306 to Plaintiff L, and H transferred the status of the above sales contract as to No. 406 Dong 306 to Plaintiff M, and I transferred the status of the above sales contract as to No. 407 Dong 304 to Plaintiff N, and the Defendant consented thereto.

E. January 23, 2005

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