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(영문) 서울고등법원 2016.01.22 2015나2003097
부당이득금반환
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. Basic facts: the Korea National Housing Corporation (the Korea Land Corporation was merged with the Korea Land Corporation on October 1, 2009 and the defendant was the defendant; hereinafter the "Defendant" was not divided before and after the merger) obtained approval for the construction plan of public apartment C (the exclusive use area for each household is 49.26m2 and each 18-story has four Dongs; hereinafter the "the apartment of this case") with the contents of constructing the apartment of 428 units of public rental in the area B of Yongsan-si, Suwon-si. In October 197, the first announcement of announcement was made.

On May 200, the Defendant leased the instant apartment to the rest of the Plaintiffs except for H, Plaintiff D, F, and I, the deceased deceased E, Plaintiff F’s deceased deceased G, and Plaintiff F (C No. 31)’s deceased heir G, and Plaintiff He’s deceased deceased H’s deceased H (hereinafter “Plaintiff I”).

The Defendant entered into a sales contract with the above lessee on July 2005 regarding the apartment as stated in the attached table 2 of the claim table and the attached table 2 of the apartment of this case after the lapse of five years, which is the mandatory rental period of the apartment of this case.

Under the premise that the construction cost of the apartment of this case is KRW 31,960,443,00, the Defendant set the stated amount in the “calculated amount for sale in lots by the Defendant” column in attached Table 2, which is the arithmetic mean of the average appraisal value of the construction cost per household and the two appraisal agencies, as the sale price for the apartment of this case.

Plaintiff

D In February 20, 201, as the network E dies, the merger of inherited property was held on February 20, 201 with the remaining inheritors and the instant apartment building 901 Dong 401.

Plaintiff

On October 19, 2007, F made an agreement on the division of inherited property solely inherited to the other inheritors and the instant apartment units 905 Dong 903, 2007, when the net G was deceased.

Plaintiff

I inherited the deceased’s property solely after the deceased died on May 8, 2012 during the instant lawsuit, and taken over the instant lawsuit by the deceased H.

[Reasons for Recognition] There is no dispute, Gap evidence 1 to 5, and Eul.

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