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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On August 26, 1997, the Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation merged with the defendant on October 1, 2009; hereinafter collectively referred to as the "the defendant") decided to build 392 units of B apartment units (hereinafter referred to as "the apartment units of this case") on the ground of 13,568 square meters of public rental house, purchased from the branch offices of Jeollabuk-gun, the implementer of the housing site development project, and constructed 392 units of public rental housing units (hereinafter referred to as "the apartment units of this case"), and announced the public announcement on September 29, 1998.
B. The Defendant concluded a lease agreement with the Plaintiffs as to each corresponding subparagraph stated in the table of claim amount in attached Form 2, and the Plaintiffs, from February 2, 2000 when the Defendant occupied and resided in the instant apartment from around February 2, 200, and the mandatory lease period of five years elapsed, entered into a contract with the Defendant on April 2005 as to each corresponding subparagraph of the same subparagraph (hereinafter “instant contract for sale”). The sales price was paid in full.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 148, Eul evidence 5 and 10, the purport of the whole pleadings
2. In calculating the pre-sale conversion price of the apartment of this case, the Defendant’s assertion that the price should be calculated in accordance with the standards prescribed by relevant statutes, such as the Rental Housing Act. As such, the excess amount was calculated based on the pre-sale conversion price, the part regarding each of the instant sales
Therefore, the Defendant is obligated to return each of the money indicated in the “claim Amount” column of the attached Table 2 claim amount claimed by the Plaintiffs out of the remainder after deducting the legitimate pre-sale conversion price from the apartment sale price of the instant apartment.
3. Determination
A. As to the standards for calculating pre-sale conversion conversion conversion price and the legal relationship concerning the conversion of rental housing into parcelling-out conversion under the relevant Acts and subordinate statutes, conversion to parcelling-out not at the time of initial recruitment or lease