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(영문) 대전고등법원(청주) 2016.01.12 2012나2768
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall set forth the attached Table to the plaintiff (appointed parties) and the appointed parties.

Reasons

1. Basic facts

A. On October 15, 1999, the Korea National Housing Corporation (hereinafter “Defendant”) was merged with the Defendant, a newly established corporation, along with the Korea Land Corporation (hereinafter “Defendant”) according to Article 33 of the former Housing Construction Promotion Act (wholly amended by Act No. 6916, May 29, 2003): (a) decided to lease a housing construction project plan (a housing construction project area: 30,463.00 square meters, a site area: 28,075.0 square meters, a site area: 47,517.07 square meters, a building area: 47,517.07 square meters, a total project area: 35,168,163,00 won (the National Housing Fund: 15.67,500,000 won)) to a third party with the approval of the Governor of Chungcheongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do.

B. On November 30, 200, the Defendant commenced the new construction of the instant apartment on November 30, 200, and first published a public announcement on October 30, 2001.

The apartment of this case was completed on July 10, 200, and the defendant leased the apartment of this case as a public rental apartment for five years from that time, but converted the apartment of this case into parcelling-out around September 2008.

C. The Plaintiff and the designated parties are the first buyer at the time of conversion for sale in lots, or those who acquired the pertinent household and the right to claim the return of unjust enrichment from the first buyer.

(2) Each household that the Plaintiff and the designated parties sold in lots or acquired in lots, and the sales area thereof are as stated in the separate sheet “Dong number” and “sale area” as stated in the separate sheet, and each household’s sales amount at the time of the said conversion for sale in lots is as stated in the separate sheet “the initial conversion price” as stated in the separate sheet.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 3, and 16 (including various numbers, if any) and the purport of the whole pleadings

2. The purchase conversion price of the apartment of this case, which is the Plaintiff’s claim public rental apartment, should be calculated in accordance with the relevant statutes, such as the former Rental Housing Act. The Defendant exceeds the conversion price for sale of the apartment of this case.

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