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(영문) 광주고등법원(전주) 2015.10.29 2014나4090
부당이득금반환
Text

1. The judgment of the first instance, including the claim of the Plaintiff B expanded in the trial of the trial, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. The Korea National Housing Corporation (the Korean Land Corporation was merged with the Korea Land Corporation on October 1, 2009 and became the defendant. The defendant was not distinguished before and after the merger) obtained the approval of the development plan for the Jeonsan-gu Seoul Special Metropolitan City CM district housing site development project under the Housing Site Development Promotion Act with the permission for the development plan on March 20, 1997, as the Jeollabuk-do Public Notification of the Jeollabuk-do Housing Site Development Promotion Act. On July 23, 1998, the revision of the housing site development plan and the approval of the implementation plan was obtained.

B. On December 17, 1998, the Korea National Housing Corporation obtained on December 17, 1998 approval from the Governor of Jeollabuk-do for the housing construction project plan that newly constructs 730 public-sale apartment units and 599 households in the total of 1,329 households in 1,329 households in the east-gu Seoul Special Metropolitan City, Jeollabuk-do.

C. On April 26, 2001, the Defendant obtained a modified approval for the housing construction project plan from the Governor of Jeollabuk-do on April 26, 2001, for the purpose of changing the type of business into a public rental apartment with 730 households of public-sale apartment within 1 Blue-gu Seoul Metropolitan City as a public rental apartment.

Accordingly, on June 7, 2001, the defendant newly constructed and leased E Apartment 1,329 households (hereinafter "lease apartment of this case") which are publicly constructed rental housing on the ground of the land of Yansan-gu, Seoul Special Metropolitan City on the ground of the former Special Metropolitan City on June 7, 2001, and announced the announcement of the following contents.

The period of conversion for sale: The method of calculating the conversion price for sale after five years from the first day of the month following the month in which the date on which the initial period of occupancy designation ends: the conversion price for sale under Article 3-2 [Attachment Table 1] of the Enforcement Rule of the Rental Housing Act: The conversion price for sale is based on the arithmetic average of the construction cost and the appraised value at the time of recruitment of occupants = The construction cost for the unit price at the time of recruitment of occupants = 12,573,00 won for construction expenses for underground parking lots for the exclusive use of the housing site at the time of the first announcement of recruitment of occupants: 39,140,000 won for construction expenses for the exclusive use of the housing site at the time of the first recruitment of occupants: 39,140,67,000 won for 42,53,000 won for 13,190,000 won for 3,964,000 won for 92 square meters 74,006,75 won

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