공법에 의한 가격산정과 사법상의 부당이득 - 구 임대주택법상의 분양전환가격 산정을 중심으로 -

Abstract

Since the Supreme Court's recent ruling on LH Korea Land and Housing Corporation, tenants have been continuously seeking a return of restitution of unjust enrichment to private rental businesses that have converted rental houses for sale on the grounds that the conversion price has been wrongly calculated. I have already raised strong questions on my other relevant article about whether the building cost that forms part of the cost of the construction means 'the building cost that actually injected into construction'. This is the point of the criticism; when signing the lease contract before the sale process, since the building cost calculated by the authority for recruiting approval was presented, this building cost refers to the estimated building cost, not to the building cost that actually injected into the construction. However, after reading the literature on price construction in Germany through further research, this paper will be revised and supplemented the existing arguments by laying the foundation for a proper understanding of the Supreme Court's recent ruling. Accordingly, based on German literature, this paper seeks to form a framework for analyzing the problems of price construction and judicial unjust enrichment in our country (II). In more detail, the meaning of the price construction, typical examples, structures, and the types of prices that are defined in the price construction will be presented. It is intended to discuss the relationship between the calculation of the conversion price for sale under the Old Rental Housing Act and the judicial unjust enrichment (III). In particular, how the regulations of these price construction methods should be understood in relation to judicial unjust enrichment will be discussed, focusing on the meaning of "the building costs that are actually injected", the point of calculating building costs, and the meaning of the regulation that for private rental business, the competent authorities should set the regulations about conversion price for sale under the Old Rental Housing Act and the building cost.