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(영문) 광주지방법원 2013.10.17 2012가합2653
부당이득금반환 등
Text

1. The defendant falls under each of the annexed Table 1 lists Nos. 1 through 38, respectively.

Reasons

1. Basic facts

A. A. Around June 30, 2004, the Do Free Construction Co., Ltd. (hereinafter “Do Free Construction”) planned to construct 592 apartment units of 15 stories underground (hereinafter “instant apartment units”) around June 30, 200 with 32541 square meters (hereinafter “instant housing site”) around the Do Free Construction Co., Ltd., (hereinafter “Do Free Construction”), and obtained approval from the Yju-gun for the housing construction plan for the instant new apartment units pursuant to Article 16 of the former Housing Act.

B. On September 2005, the Defendant acquired the business right to newly construct the instant apartment from the Don comprehensive construction, and, on the instant apartment, 25 square meters (2.9604 square meters in exclusive-use area, 22.5105 square meters in public-use area, 82.4709 square meters in public-use area) among the instant apartment units, 31,80,000 won per each household, and 35 square meters (84.9159 square meters in exclusive-use area, 29.85 square meters in public-use area, 114.804 square meters in public-use area) with respect to 420 households in public-use area (52,100,000 National Housing Fund per household). On August 20, 2007, the Defendant obtained approval for the use of the instant apartment from the Donju-gun in public-use area.

C. From July 2007, the Defendant attempted to sell the apartment of this case, but only 59 households among the 592 households were sold in lots. The Defendant decided to lease the remaining 533 households around May 2008, and around May 26, 2008, the lease deposit amount of KRW 53,000 (50,000 for the first floor), KRW 20,000 for the first class, KRW 35 square, KRW 74,000 for the second class, KRW 74,00 for the lease deposit (69,90,000 for the first class), and KRW 30,00 for the first class, KRW 30,00 for the first class, and KRW 300,00 for the first class, the period of lease under the Rental Housing Act was calculated by the announcement of announcement of announcement, and the period of lease from May 27, 2008 to KRW 3630,000 for the first class of lease.

After that, the plaintiff and the designated parties listed in the attached list 1 (hereinafter referred to as "the plaintiff, etc.") shall be referred to.

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