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(영문) 대전지방법원서산지원 2016.11.17 2015가합266
부당이득금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. Construction and lease1 of the apartment of this case) The Defendant calculated by adding up each of the above lands to “the instant site” and “the instant site” in Seosan-si B 32,604 square meters, C 4,985 square meters, D 348 square meters, and D 348 square meters.

) Rental apartments, which are publicly constructed rental houses (the name thereof is “E”, and are composed of eight (8) Dong 696 households as shown below.

The housing section below is referred to as "the apartment house of this case", and individually referred to as "the apartment building of this case", and the commercial building of this case shall be referred to as "the commercial building of this case" separately.

On February 23, 2001, the building and lease of the apartment of this case was decided to be made by the Seosan market with approval for the recruitment of occupants on the apartment of this case and the announcement of the recruitment of occupants was made at that time. The apartment of this case was concluded for five years from the lease agreement with the plaintiff (appointed parties) and the designated parties on November 1, 201, with the agreement that the apartment of this case should be entered in the lease agreement of this case for five years, respectively.

[Partial of the designated parties are the successors of lessees. hereinafter the Plaintiff (Appointeds) and the designated parties together are referred to as “Plaintiffs”]. B.

1) After the expiration of the period of lease obligation of the instant apartment, the Defendant applied for the approval of conversion of rental housing for sale in lots for 583 households among the instant apartment to Seosan City Mayor. On April 18, 2008, the Defendant was notified of the approval of conversion of rental housing for sale in lots from Seosan City Mayor, and completed the first conversion of sale in lots thereafter. 2) The Defendant again applied for the approval of conversion of rental housing for sale in lots for the remaining households which have not been converted for sale in lots among the instant apartment units to Seosan City Mayor, which was notified of the approval of conversion of rental housing from Seosan City Mayor on February 26, 2013, and around March 6, 2013.

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