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(영문) 서울고등법원 2016.04.07 2015나2044074
부당이득금
Text

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.

Reasons

1. Basic facts

A. The Defendant is a corporation established for the purpose of contributing to the stabilization of the livelihood and the enhancement of the welfare of public officials and their families by efficiently promoting the projects under the Public Officials Pension Act. After purchasing the housing site developed by Incheon Metropolitan City, etc. as a public housing site, the name was changed to the Seo-gu AYB AZ apartment (BA apartment) in Incheon, Seo-gu, Incheon.

(A) The apartment of this case is referred to as “the apartment of this case” in the name of the entire or a single household, consisting of the 1st underground floor, 13 to 15th underground floor, 224 units, and ancillary and welfare facilities (hereinafter referred to as “AZ apartment”).

(2) The Plaintiffs newly built and sold the apartment of this case with the Defendant, as indicated in the “date and time of the contract”, “contract club number”, “contract area”, and “supply price” in the attached table of claim amount, as to the apartment of this case, are those who acquired the status of the buyer under the contract for sale from the buyer or the first buyer who purchased the status of the buyer under the contract for sale.

(Plaintiff AB, Plaintiff AB from Plaintiff AB, Plaintiff AH from Plaintiff AX, Plaintiff U from Plaintiff AT, Plaintiff X from Plaintiff AC, Plaintiff AP from Plaintiff AC, and Plaintiff Q from Plaintiff J respectively).

(1) The Defendant shall calculate the sale price of the instant apartment and publicly announce the invitation of occupants, etc.) Before making the public announcement of the invitation of occupants on the instant apartment, the former Housing Act (amended by Act No. 10219, Mar. 31, 2010; hereinafter “former Housing Act”).

(2) Article 38-2 of the former Rules on the Calculation, etc. of Sales Price of Multi-Family Housing (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 226, Mar. 4, 2010; hereinafter “former Rules on the Calculation of Sales Price

3.Definitions

B. In accordance with the relevant laws and regulations, the sales price of the apartment of this case was calculated based on the maximum amount.

However, according to its calculation, ① the basic type of construction cost is total of KRW 30,118,370,376 of the ground floor construction cost and KRW 8,291,590,956 of the underground floor construction cost.

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