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(영문) 서울고등법원(춘천) 2014.08.27 2013나909
부당이득금반환
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall set forth in attached Forms 1 through 19, and 19.

Reasons

1. In accordance with the main sentence of Article 420 of the Civil Procedure Act, the part concerning “1. Basic Facts” among the grounds for the judgment of the first instance which partially accepted the judgment of the first instance.

2. The parties' assertion

A. (1) The Plaintiffs’ assertion that the pre-sale conversion price of the instant apartment ought to be calculated in accordance with the lawful criteria for calculating the pre-sale conversion price under the Rental Housing Act and relevant statutes, and the criteria are as follows.

(A) The cost of the instant apartment site is “Standards for Housing Site Supply Prices” (the Housing Site Development Work Guidelines (the Housing Site Development Work Guidelines 58540-647, August 10, 1995). The same applies hereinafter.

(A) in accordance with the provisions of section 18(1) [Attachment 3] concerning rental housing construction sites, the housing site development cost should be calculated as 70% (other areas) of the housing site development cost.

(B) In calculating the calculated price, the “construction cost at the time of sale conversion” should be based on the “actual construction cost” within the scope of the standard construction cost.

(2) The reasonable pre-sale conversion price of the apartment of this case calculated pursuant to the above criteria is identical to the amount indicated on the Plaintiff’s “Plaintiff’s claim pre-sale conversion price” on the attached calculation statement. Since the part exceeding the reasonable pre-sale conversion price (the amount stated on the Plaintiff’s claim amount) among the pre-sale conversion price calculated by the Defendant was received without legal grounds, the Defendant is obligated to return it to the Plaintiffs as unjust enrichment

B. (1) The Defendant’s assertion (1) The instant apartment building was constructed with the approval of a development plan as a general apartment that is not a rental house, but obtained the approval of a development plan as a rental house, and thus, the approval of a development plan was obtained as a rental house. Therefore, the discount rate pursuant to the

(A) Even if the former standards for the supply price of the housing site are applied to the Plaintiff’s assertion, the housing site cost should be calculated by 80%, not more than 70% of the cost of housing site development, since the “house for long-term sale, which is sold after a certain period of lease”. (2) The instant apartment unit sale conversion price

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