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(영문) 수원지방법원성남지원 2011.10.13 2010가합11442
부당이득금
Text

1. The plaintiff (Counterclaim defendant) entered in the list of attached Table 1 shall make a principal claim and the plaintiff (Counterclaim defendant) entered in the list of attached Table 3.

Reasons

1. Basic facts

A. Under Article 16 of the former Housing Act (amended by Act No. 7959 of May 24, 2006), the Defendant obtained approval from the Minister of Construction and Transportation for a project plan for construction of public rental housing, and made a public announcement of the invitation of occupants on March 28, 2006 after obtaining approval for the invitation of occupants from the Seongbuk-nam market, and newly constructed a C-lease apartment, a public rental house with six or more units of apartment units, which is a public rental house with 470 units of apartment units, on the H on the ground of the housing site development zone in Seongbuk-nam City.

B. When the Defendant announced the invitation of occupants, the Defendant publicly announced the first rental deposit (hereinafter the instant rental deposit) and the rent (hereinafter the instant rent) as follows, and the relevant statutes [the former Rental Housing Act (amended by Act No. 8015, Sep. 27, 2006; hereinafter the same shall apply].

(2) The former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 19975, Mar. 27, 2007; hereinafter the same applies)

(2) The term “standard rental deposit and standard rent” under the former Rental Deposit and the former Rental Fee Notice (wholly amended by the Ministry of Construction and Transportation No. 2004-70, Apr. 2, 2004; hereinafter the same shall apply) shall be the amount calculated by mutual conversion of the standard rental deposit and standard rent at the rate of 3.45% per annum with the maturity of one year at the time of setting the rental deposit higher than the standard rental deposit (the method of calculating the relevant difference by applying the interest rate of the above 3.45% and reducing the relevant amount from the standard rent) by applying the above 3.45% interest rate, and then 168,293,290,412,00,78.39,139,000,415,000 won, 78.172,836,000,000 won, 405,57,505,705 won,505,705 won.

C. The Plaintiffs are entitled to the first lease deposit and rent between the Defendant and each household of the instant apartment in accordance with the public announcement of the invitation of occupants.

The lease contract to be leased is determined as stated in paragraph (1).

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