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(영문) 광주지방법원목포지원 2016.10.27 2016가합10648
보증금반환
Text

1. The Defendant’s payment to the Plaintiffs as stated in the “request amount” column in the attached Table 1 sheet, and as to the money, from April 6, 2016.

Reasons

1. Basic facts

A. On June 26, 2001, the Defendant obtained the approval of the project plan under Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6655 of Feb. 4, 2002) and Article 32 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 17816 of Dec. 26, 2002), and thereafter, constructed 14 apartment units 802 units, a public constructor, on the land of 30,963 square meters of the National Housing Fund.

B. Plaintiff A leased each apartment unit on March 6, 2009; Plaintiff C and E on April 1, 2003; Plaintiff C and E on December 13, 2001; Plaintiff D on April 8, 2009; Plaintiff F on December 14, 2001, respectively, leased each apartment unit on attached Table 1 from each Defendant on December 14, 2001 (hereinafter “each apartment unit of this case”); and Plaintiff F on December 14, 2001, each apartment unit on which the subsequent lease deposit was changed on several occasions, and later, the term “deposit” in the same Table was as stated in the column.

(hereinafter “each lease deposit of this case”). C.

On August 28, 2003, the defendant extended a loan from the National Housing Fund to the National Housing Fund with respect to each apartment of this case (hereinafter "each apartment of this case").

As of the date of closing argument of the instant case, the amount of secured debt of each of the instant mortgages is as stated in the National Housing Fund column in attached Table 1.

(hereinafter “each of the instant loans”) D.

On October 4, 2010, the Plaintiffs filed an application for approval for conversion of each apartment of this case with the Mayor of Yeongdeungpopo City pursuant to Article 21(3) of the former Rental Housing Act (amended by Act No. 10463, Mar. 9, 201; hereinafter the same shall apply) on October 4, 2010. The woodenpo City shall determine each of the pre-sale conversion prices of the instant apartment of this case as the amount indicated in the “sale conversion price” column in attached Table 1 (hereinafter “each pre-sale conversion price”) after the appraisal under Article 23 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 22689, Mar. 2, 2011).

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