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(영문) 서울고등법원 2016.04.22 2013나2011780
부당이득금반환
Text

1. Of the judgment of the court of first instance, against the defendant, the Nos. 474, 630, 646, 667, and 67 of the list of the plaintiffs (appointed parties) and the annexed Appointors.

Reasons

1. Basic facts

A. 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”) obtained approval of a housing site preparation project on January 12, 2001, pursuant to Article 33(1) of the former Housing Construction Promotion Act, purchased land from the landowners in the project area by consultation or expropriated land from the owners of the land in the project area.

B. On October 16, 2013, the Defendant issued the first public announcement, and constructed the public rental housing E-House (75A type (75.79) type (79), 84A type (87), 501 units (84.87), 84A2 type (84.88), 119 units (84.8), hereinafter referred to as the “instant apartment”) with five-year rental term based on the area of exclusive use (75.79), 84A type (84.8), and 84A2 type (786 units); hereinafter referred to as the “instant apartment”).

C. From March 1, 2005 to five years, the Defendant leased the apartment of this case to the Plaintiff (Appointed Party) and the other designated parties, i.e., the Plaintiff (Appointed Party) and (ii) the designated parties, RJ, XY, XY, XY, YT, AAO, ACF (No. 474, 630, 646, 66, 77, 714, and 758), and Q Q, Q QK, IK, LC, QCE, QCE, QV, QAB, AAB (No. 12, 38, 241, 31, 443, 595, 701), and (iii) the designated parties, Q Q, IK, LC, QE, QE, AB, and AAB, respectively, for sale in lots after the lapse of the lease period, ACJR 30, A10, A230.

As a result, the remainder of the designated parties with the exception of the Plaintiff (Appointed Party) and the Appointeds, ② from March 10, 2010, including Qu, Q, IK, LC, QE, QE, Q, QE, QAB, QAB, and AAB, and ③ ACI, ACJ, ACK, ACK, ACL, ACN, ACN, and ACO from March 10, 201.

6. Before September, 200, the sales contract was concluded with the Defendant for each of the relevant apartment units indicated in the separate calculation sheet of the instant apartment units (hereinafter “each of the instant sales contract”) and the Defendant’s “sale conversion price” in the separate calculation sheet according to each of the instant sales contracts.

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