1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

Article 33 of the former Housing Construction Promotion Act (wholly amended by Act No. 6916 of May 29, 2003) stipulates that a person who intends to build housing in excess of the number of units as prescribed by the Presidential Decree or to create housing sites in excess of the size prescribed by the Presidential Decree shall prepare a business plan and obtain approval from the Minister of Construction and Transportation.

On February 26, 2001, the Defendant (the Defendant was established on October 1, 2009 under the Korea Land and Housing Corporation Act and comprehensively succeeded to the rights and obligations of the Korea Land and Housing Corporation; hereinafter “the Defendant”) has obtained approval of a housing site creation project plan for Gyeonggi-gun A and B (hereinafter “instant project district”) pursuant to Article 33 of the former Housing Construction Promotion Act on February 26, 2001. On July 16, 2001, the housing construction project plan was approved to newly construct and lease 742 units of public rental housing units on July 16, 2001 (hereinafter “instant apartment site”).

(A) In this case, the apartment constructed by the Defendant with the above approval (hereinafter referred to as “the apartment of this case”). The Defendant acquired the site of this case by consultation or expropriation from the land owners in the project district of this case under the former Housing Construction Promotion Act, and on April 20, 202, on April 20, 2002, he first announced the apartment of this case as shown below [Attachment 1].

(B) A apartment with the exclusive use area of 51.86 square meters (20 square meters; hereinafter referred to as “20 square meters”); an apartment with the exclusive use area of 59.56 square meters (23B square meters); and thereafter, an apartment with the exclusive use area of 59.57 square meters (23B square meters) is the first buyer, other than Plaintiff D and E (hereinafter referred to as “the first buyer”).

On May 19, 2004, the apartment of this case entered into a lease agreement with the defendant and resided in the apartment of this case for five years, which is a mandatory rental period after the completion of the apartment of this case.