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(영문) 대법원 2015.05.28 2013다203901
부당이득금
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff (Appointed Party) and the Plaintiffs.

Reasons

The grounds of appeal are examined.

1. Article 3-3(1) [Attachment 1](a) of the former Enforcement Rule of the Rental Housing Act (amended by Ordinance of the Ministry of Construction and Transportation No. 360 of Jun. 27, 2003) (hereinafter “Attachment 1”) provides that “The sale conversion price shall be the arithmetic mean of the construction cost and the appraised value.” Meanwhile, Article 3-3(1)(b) provides that “The sale conversion price shall not exceed the amount calculated by deducting the depreciation costs during the lease period from the housing price calculated at the time of the sale conversion based on the construction cost of rental housing and the housing site cost (hereinafter “calculated price”).” The upper limit of the sale conversion price is set by stipulating that “The sale conversion price shall not exceed

Accordingly, the instant attached Table 2 provides for the method of calculating the pre-sale conversion price by item, which serves as the basis for calculating the pre-sale conversion price. ① The method of calculating the construction cost and the appraised value, ② the calculation price as to the “calculated price” in subparagraph (c) shall be determined as “the housing site cost and the housing site cost at the time of announcement of the construction cost at the time of sale for sale for sale for sale for sale for sale for sale for sale”; ③ the following (d) the attached Table 2 provides that “the maximum construction cost and the housing site cost, which serve as the basis for calculating the rental house price, shall be the price separately publicly notified by the Minister of Construction and Transportation (hereinafter “standard construction cost”)” in the attached Table 2 provides that “the maximum construction cost shall be the price separately notified by the Minister of Construction and Transportation (hereinafter “standard construction cost”)” as well as the standard construction cost as well as the housing construction cost included in the scope of the construction cost included in the underground floor area and the calculation ratio in the standard construction cost, and the housing construction cost included or added.

The structure and language of the relevant provisions as above, and the standard for calculating conversion price for rental housing under Paragraph 1 (a) of the attached Table of this case, are set.

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