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(영문) 서울고등법원 2014.11.27 2012나88725
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were merged into the defendants on October 1, 2009; hereinafter the same shall apply) obtained approval from the head of Bupyeong-gu Incheon Metropolitan City on October 31, 2001 for the housing construction project plan that newly constructs public rental housing in Bupyeong-gu Incheon Metropolitan City B.

The time of conversion for sale in lots: From the first day of the month following the month in which the initial period of designation of occupancy in lots ends: The basis for calculating conversion for sale in lots for tenants who have not resided in the relevant rental house from the date of occupancy to the date of conversion for sale in lots under Article 13(2) of the Enforcement Decree of the Rental Housing Act: The conversion price for sale in lots under [Attachment Table 1] of Article 3-3 of the Enforcement Rule of the Rental Housing Act shall be the arithmetic mean of the cost of construction and the appraised value, and shall not exceed the

B. On September 30, 2003, the Defendant decided to construct and lease 20 units of D Apartment-dong 1,873 units of public rental housing (hereinafter “instant apartment”) on the land of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and publicly announced the invitation of occupants as follows.

C. The defendant from October 29, 2003 to October 31 of the same month.

2. The phrase “Plaintiff” as set out in Nos. 1 through 55 of the calculation table Nos. 2, BX, BY, BY, CA, CB,CC, CD, CE, CF, CG, CH, CI, CJ, K, CL, CL, and CM (hereinafter “Nonindicted B, etc.”) among the apartment of this case.

2. The corresponding "Dong and lake" on the calculation table was entered into a lease agreement by setting five years as the obligatory rental period for each apartment unit (in the case of the non-party BW, etc., 56 or 72, the corresponding "Dong and lake", hereinafter the same shall apply).

The defendant around February 3, 2010, for the occupants of the apartment of this case, the lease term of the apartment of this case is July 31, 2010.

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