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(영문) 서울고등법원 2014.03.06 2013나2012493
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and this shall apply.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 4, and Eul evidence 1 to 6:

On April 24, 1996, the Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged with the defendant on October 1, 2009; hereinafter collectively referred to as the "defendant") implemented the housing site development project in the Dongducheon-si AH Housing Site Development District designated as the planned housing site development district on April 24, 199, and obtained approval for the housing site development project plan under Article 33 (1) of the former Housing Construction Promotion Act with respect to the construction of public-sale apartments in the above zone on December 29, 198.

B. Accordingly, the Defendant issued the first public announcement of the apartment house around December 200 with respect to the AK apartment 577 households (hereinafter “the apartment house in this case”) at Dong Ycheon-si, and on June 17, 2003, leased the apartment house in this case as a publicly constructed rental house for five years around that time.

After that, on August 2008, the Defendant applied the standard construction cost to the instant apartment and calculated the pre-sale conversion price by applying 100% of the housing site development cost to the housing site development cost, and then publicly announced the sale conversion price.

C. The Plaintiffs concluded and resided each lease contract with the Defendant for the instant apartment, and concluded each sale contract for each apartment as stated in the separate sheet No. 2 attached hereto among the instant apartment after the public announcement of the said conversion for sale in lots.

The Plaintiffs paid each of the money stated in the “Defendant Calculation Price” column of attached Table 2 to the Defendant as sale price and completed the registration of ownership transfer with respect to each of the relevant households.

On the other hand, the relevant laws and subordinate statutes on the instant case shall be as listed in attached Table 3.

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