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(영문) 서울고등법원 2016.09.23 2016나2027700
부당이득금
Text

1. Of the judgment of the court of first instance, the amount indicated in the separate sheet No. 2 for the plaintiffs as to the defendant and the corresponding amount.

Reasons

1. The reasoning for the court’s explanation concerning this part of the underlying facts is the same as that of the judgment of the court of first instance, except in the following cases, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second 16 Doz. “2. 30 December 30, 200” added “the housing site created pursuant to the Housing Site Development Promotion Act” to “D” and the 19 Doz. “D” to “D large 92,265 square meters.”

B. The judgment of the first instance court 3 page 1 of the apartment (hereinafter “the apartment of this case”) is as follows: (i) the exclusive area of 59.56 square meters is 83.286 square meters and 784 square meters and above; (ii) the exclusive area of 85.2164 square meters and above; (iii) the exclusive area of 75.79 square meters and 320 households of 320 square meters and above; (iv) the exclusive area of 84.76 square meters and 84.76 square meters and above; (v) the exclusive area of 84.87 square meters and 270 households of 274.82 square meters and above; and (v) the exclusive area of 84.87 square meters and above; and (v) the exclusive area of 118.6932 square meters and above (hereinafter “the apartment of this case”).

(c)in the case of the first instance court 3, the following shall be added next to 2:

“The Defendant invested KRW 105,00,503,507,715 in the construction of the instant apartment, and calculated the creation cost of KRW 34,563,418,00 in the instant apartment site.”

D. The third and fourth instances of the judgment of the court of first instance, “the apartment of this case” through 5, are as follows:

Based on the standard building cost of the apartment of this case and the housing site cost of KRW 34,563,418,00,000, the housing price of the apartment of this case at the time of the first recruitment of occupants is calculated as shown in the following table, and the construction cost was calculated as follows, and the price of the apartment of this case was calculated by adding interest on self-fund and deducting depreciation costs therefrom, and the sale-sale price was announced by calculating the arithmetic mean of the Construction Costs and the Appraisal Amount as shown below.The sale-sale price was announced by adding the arithmetic mean of the Construction Costs and the Appraisal Amount to the sale-sale conversion price." The housing price of the exclusive-use area of this case, the construction cost, the total of the construction cost, the construction cost, and the total of the construction cost, the construction cost, shall be 159.56,650,108,

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