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(영문) 수원지방법원성남지원 2012.09.11 2010가합15970
부당이득금
Text

1. The defendant,

(1) No. 50,000 shall be stated in the separate sheet of calculation for the plaintiffs except the plaintiff A.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Defendant comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation on October 1, 2009; hereinafter referred to as the “Defendant”) obtained approval from the Mayor of Bupyeong-gu Incheon Metropolitan City on October 31, 2001 for a housing construction project plan that newly constructs public rental housing in the Bupyeong-gu Incheon Metropolitan City.

B. On September 30, 2003, the Defendant issued a public announcement of invitation of invitation of invitation as follows in order to lease 20 D apartment units in Bupyeong-gu Incheon Metropolitan City, which are public rental apartment units, 1,873 households (hereinafter “instant apartment units”).

The time of conversion for sale in lots: From the first day of the month following the month in which the initial period of designation of occupancy in lots ends: The basis for calculating conversion for sale in lots for tenants who have not resided in the relevant rental house from the date of occupancy to the date of conversion for sale in lots under Article 13(2) of the Enforcement Decree of the Rental Housing Act: The conversion price for sale in lots under [Attachment Table 1] of Article 3-3 of the Enforcement Rule of the Rental Housing Act shall be the arithmetic mean of the cost of construction and the appraised value, and shall not exceed the

C. From October 29, 2003 to October 31, 2003, the Defendant entered into a lease agreement with the Plaintiffs listed in [Attachment Table 1 to 55], and the initial buyer of the instant apartment, setting the lease term as the lease term of five years, which is the mandatory rental period, with respect to each of the relevant apartment stated in [Attachment Table 1], among the leased apartment in this case.

Around February 3, 2010, the Defendant notified the occupants of the instant apartment to the effect that the term of lease of the instant rental apartment expires on July 31, 2010 and that the procedure for conversion for sale in lots to lessees shall be run for three months from August 2010, and the Enforcement Rule of the Rental Housing Act shall apply to the Plaintiffs on July 9, 2010.

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