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(영문) 광주고등법원 2017.07.14 2016나11522
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against the designated parties, BO, Q, BR, and BS, corresponding to the money ordered to be paid below.

Reasons

1. The reasoning for this part of the basic facts is the same as that stated in the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the plaintiffs' assertion

A. Although the Defendant, as a professional rental business operator, was aware of the provisions regarding the Rental Housing Act related to the calculation of the conversion price for sale in lots in the instant apartment complex, the Defendant committed a tort that calculated the conversion price for sale in lots exceeding the standard set by the Rental Housing Act in calculating the conversion price for sale in lots at the time of the instant apartment complex, and the Plaintiffs and the designated parties due to the above tort incurred damages equivalent to the amount by paying to the Defendant the purchase price for sale in lots at the reasonable conversion price set by the Rental Housing Act, the Defendant, as a compensation for damages, should pay the Plaintiffs and the designated parties each money as stated in the “request Amount” column

B. The pre-sale conversion price of the apartment of this case, which is a preliminary claim, should be calculated in accordance with the criteria stipulated in the relevant laws, such as the Rental Housing Act. Since each amount stated in the “sale price” column of the attached Table 2 “sale price” column of the attached Table 2, which the Defendant submitted to the Plaintiffs and the designated parties by presenting the pre-sale conversion price to the Plaintiffs and the designated parties, exceeds the amount stated in the separate claim column of the attached Table 2 calculation sheet, the Defendant, as unjust enrichment, should pay each money and delay damages to the Plaintiffs and the designated parties stated in

3. Whether the sales price of this case exceeds the legitimate sales price pursuant to the relevant provisions, such as the Rental Housing Act.

A. The standard for pre-sale conversion is set by the relevant laws and regulations, such as the Rental Housing Act.

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