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(영문) 의정부지방법원 2013.11.07 2011가합15749
부당이득금반환
Text

1. The defendant's calculation sheet in attached Form 3 to the plaintiffs except the plaintiffs (appointed parties) A, the designated parties, and the plaintiffs B.

Reasons

1. Facts of recognition;

A. The Korea Housing Corporation (the defendant was merged with the Korea Housing Corporation on October 1, 2009 and became the defendant; hereinafter the "Defendant") has announced the invitation of the public in accordance with the Rules on Housing Supply and the Enforcement Rules of the Rental Housing Act in order to lease the D Public Rental Apartment for five years in the Namyang-si, Namyang-si, Seoul (hereinafter the "the apartment of this case").

Accordingly, the rest of the designated parties except the Plaintiff (Appointed Party, hereinafter “Plaintiff”) A, Appointor E, and F, the rest of the Plaintiffs, except the Plaintiff B, and G, leased the relevant apartment as indicated in the [Attachment 1] list and the [Attachment 2] list of the Plaintiffs.

B. Since September 17, 2007 to October 2007, the Defendant concluded a sales contract for each apartment unit stated in the “Dongho Lake” column in the attached Table 3 calculation sheet (hereinafter “instant sales contract”). The remaining Plaintiffs and the remaining designated parties around that time paid the pre-sale price calculated on the basis of the money stated in the attached Table 3 calculation sheet as the sales price for each apartment unit as stated in the “Defendant Construction Costs” column, and sold each corresponding household as stated in the same list “Dongho Lake number” column.

C. On March 4, 2009, upon the death of H, the buyer of the instant apartment, No. 702 Dong 404, H, the buyer E inherited the right to claim a return of unjust enrichment and the right to claim a return of unjust enrichment on March 4, 2009.

As I died of the buyer of the instant apartment, 705 Dong 404, among the apartment buildings of this case, F was solely inherited on May 20, 2008, the right to claim a return of unjust enrichment and the right to claim a return of unjust enrichment, according to the agreement division of inherited property.

E. On February 3, 2010, the Plaintiff G inherited the right to claim a return of unjust enrichment and the right to claim a return of unjust enrichment on February 3, 2010 upon the division of inherited property, upon the death of J, the buyer of 711 Dong 104, among the instant apartment buildings.

[Ground of recognition] A.

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