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(영문) 서울고등법원 2013.07.17 2012나87937
부당이득금
Text

1. Each part of the judgment of the first instance against the defendant shall be revoked;

2. The plaintiffs' claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged with the defendant on October 1, 2009; hereinafter the same shall apply) obtained approval for a housing construction project plan under Article 33 of the former Housing Construction Promotion Act (limited to the former Housing Construction Promotion Act, hereinafter the same shall apply to other Acts) with respect to the construction of public rental housing by the Governor of Gangwon-do on December 23, 200 with respect to the project of constructing public rental housing in the Hancheon-gun A of Gangwon-do in Gangwon-do (Law No. 6250, Jan. 28, 200; hereinafter the same shall apply).

B. The Defendant, on the ground of the above land, planned to construct and lease six publicly constructed apartment units, 464 households (hereinafter “instant apartment units”), and acquired the said apartment site by consultation or by expropriation, constructed the instant rental apartment with the support of the National Housing Fund.

In April 2003, the defendant leased the above apartment after setting the mandatory rental period to the lessee by setting the rental period to five years.

C. Around 2009, the Defendant issued a written notice to the lessee of the instant apartment to conclude a sales contract, and accordingly, the Defendant issued a written notice to the lessee of the instant apartment at KRW 52,014,00,00, the construction cost of the household corresponding to the 66m2 square meters of the instant apartment, and the construction cost of the household corresponding to the 77m2 square meters of the instant apartment, respectively.

2. Attached Form among the plaintiffs stated in the calculation sheet

3. The remaining plaintiffs, non-party NV, and NW, excluding the plaintiffs stated in the list of general buyers, are attached to the defendant and the apartment of this case around July 2009.

2. Of the corresponding calculation table, each contract was concluded to purchase each apartment unit in the same part as the sale price stated in the same calculation sheet, and each contract was paid to the Defendant for the purchase price under each of the instant sales contracts.

On the other hand, the lawsuit of this case is filed.

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