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(영문) 서울중앙지방법원 2017.05.19 2015가합534161
부당이득금
Text

1. The defendant [Attachment 1] Nos. 1, 17 through 23, 25 through 27, 30, 31, 33, 34, 37, 38, 41, 43, and 46.

Reasons

1. Basic facts

A. The Defendant is a rental business operator who constructed and leased an apartment house A (hereinafter referred to as the “instant apartment”) in Yongsan-gu, Busan-gu, 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 in accordance with 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 (attached Form 2) with respect to each of the households of the apartment of this case as to December 201, and decided whether to purchase the apartment of this case by notifying the plaintiffs thereof.

Accordingly, between December 201 and March 2012, the Plaintiffs concluded a sales contract with the Defendant regarding the relevant apartment as indicated in the “Dong” column in the calculation table (attached Form 2) and paid all the sales price to the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap 2, 3 (including each number, hereinafter the same shall apply), Eul 2, 14, the purport of the whole pleadings

2. Determination on the cause of the claim and its related matters

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 gap rate to the above Acts and subordinate statutes. The defendant calculated the excessive amount in violation of the above Acts and subordinate statutes. The plaintiffs paid to the defendant, which exceeds the legitimate

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