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(영문) 서울고등법원 2013.03.21 2012나89193
부당이득금
Text

1. All appeals filed by the plaintiffs (appointed parties) and the plaintiffs and the claims expanded in the trial are dismissed.

2. Appeal;

Reasons

1. The reasoning for the court's explanation of this case is that all of the plaintiffs and the remaining designated parties among the reasons for the judgment of the court of first instance is "Plaintiff, etc.". The plaintiffs' assertion in the court of first instance is identical to the judgment of the court of first instance except for the following additional determination as to the matters alleged in the court of first instance. Thus, the court of first instance cited it as it is in accordance with the main sentence

2. Additional matters to be determined;

A. The Plaintiffs’ assertion, even if the cost of housing site, which is the basis for calculating the pre-sale conversion price of the instant apartment, is calculated at 100% of the development cost, is calculated on the basis of a reasonable pre-sale conversion price, the reasonable pre-sale conversion price should be deemed the upper limit price, as shown in the attached Table 2, since the construction cost (each amount mentioned in the attached Table 1) and the appraisal price (each amount mentioned in the attached Table 2) exceed the upper limit price (each amount mentioned in the attached Table 2) as seen in the attached Table 2.

Therefore, the defendant's sales price received from the plaintiff, etc. (the amount stated in paragraph (4) of the same Table) is the unjust enrichment amount of each money stated in the "justifiable sale price" column, which exceeds the upper limit of the above price. Thus, the defendant shall return it to the plaintiff, etc.

[Calculation Method in the plaintiff's assertion] Type of sale area (Calculation Method in the plaintiff's claim) (1) The construction cost at the time of the first recruitment of occupants (2) the depreciation cost (cost) (4) the construction cost (2) the 16:56.2510 39,605,654,310,2223,421,410 39,494,46620 69.747 49,106,406,406 4,939,087 42, 242, 15149,3421) the aggregate of the appraisal value at the time of the first recruitment of occupants (2) the appraisal cost at the time of the first recruitment of occupants (2) the appraisal value at the construction cost and the appraisal value at the construction cost and the appraisal value at the appraisal value at the 16:50,500,40,100,130,140,1000.

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