(영문) 서울고등법원 2015.11.13 2015나2003165

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(영문) 서울고등법원 2015.11.13 2015나2003165

부당이득금반환

Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

The plaintiffs' claims corresponding to the cancellation part are all filed.

Reasons

Basic Facts

In this part, the reasons for this Court shall be in accordance with the provisions of Section 10 to Section 13 of the judgment of the first instance.

In addition to the following, the entry is the same as the corresponding part of the judgment of the court of first instance, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

C. Around May 2005, the period of mandatory lease of the apartment of this case, and the period of sale for sale for sale has arrived. The defendant, from July 2005 to August 2005, conducted conversion for sale for sale from July 2005, and concluded a contract for sale for each apartment of this case as stated in the separate claim list corresponding to the "Dong" and "Sho Water" column among the apartment of this case (hereinafter "each contract for sale for sale for each of this case").

The main point of the plaintiffs' assertion is that the pre-sale conversion price for publicly constructed rental housing for the five-year rental period of the same lease as the apartment house of this case is "the arithmetic mean of the construction cost and appraised value" under Article 15 of the former Rental Housing Act (wholly amended by Act No. 8966 of March 21, 2008; hereinafter the same shall apply), Articles 13 (3) and 9 (5) of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 19051 of Sep. 16, 2005; hereinafter the same shall apply), Article 3-3 (1) [Attachment Table 1] of the former Enforcement Rule of the Rental Housing Act (amended by Ordinance of the Ministry of Construction and Transportation of September 22, 2005; hereinafter the same shall apply). The pre-sale conversion price for publicly constructed rental housing for the five-year rental period of the same lease period is "the value calculated by calculating the construction cost and appraised value of the housing at the time of the sale for sale."

Here, the construction cost and upper limit price.

참조조문

-민사소송법 제420조

-임대주택법 제15조

-임대주택법 시행규칙 제3조의3 제1항

-임대주택법 시행령 제9조 제5항

-임대주택법 시행령 제13조 제3항

유사 판례

-서울남부지방법원 2015.12.04 2015가합105194

-대법원 2015.09.15 2015다1321

-대법원 2015.12.10 2014다225557

-서울고등법원 2017.11.14 2015나2027321

-서울서부지방법원 2016.02.04 2015가단207795