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(영문) 수원지방법원성남지원 2014.11.19 2011가합20214
부당이득반환
Text

1. The defendant has the amount of award in the "amount of tolerance" column of the plaintiff (Appointed Party) and the annexed calculation sheet.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (hereinafter “Defendant”) obtained approval for the housing construction plan under Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6916, May 29, 2003; hereinafter the same) on June 29, 1998 from the Gyeongbuk-do Governor in order to construct five, five, 387, 387, E apartment units, a publicly constructed rental house (hereinafter “instant apartment units”), at the time of permanent residence, in order to construct a new E apartment units (hereinafter “instant apartment units”), and the approval for the alteration of the housing construction plan under Article 33 of the former Housing Construction Promotion Act (amended by Act No. 6916, Jun. 12, 2000).

B. The defendant, on June 13, 200, announced the announcement of June 13, 200, and on November 27, 2001, leased the apartment of this case to the buyer from December 2001 to May 5 years after obtaining the completion and approval for use of the apartment of this case.

C. Around December 2006, the period of mandatory lease of the apartment of this case and the period of sale for sale for sale in lots came after the lapse of five years, and the defendant entered into a sales contract with the plaintiffs on January 1, 2007 through January 31, 2007 with regard to each of the households stated in the "Dongho-ho-ho-ho" column of the attached calculation sheet among the apartment of this case (hereinafter referred to as the "sale contract of this case").

After the conclusion of the instant sales contract, the Plaintiffs paid each purchase price under the instant sales contract to the Defendant (based on the amount asserted by the Plaintiff in the claim and the application form for modification of the cause of the claim as of July 15, 2013. Specific amount is the same as the portion of the construction cost calculated by the Defendant in the list of the marks stated in E. (e)).

E. The type of the apartment of this case, the sale price by each type, the area of each household, the number of households, etc. are as follows:

The defendant asserts that the construction cost should be calculated on the basis of the supplied area (total of exclusive-use area and residential public area), but the construction cost also requires the construction of public facilities, and the pre-sale conversion price of the apartment of this case is on the supplied area.

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