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(영문) 서울행정법원 2017.08.24 2014구합68638

과징금부과처분취소

Text

1. The Defendant’s imposition of a penalty surcharge of KRW 240,00,000 against the Plaintiff on July 30, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On January 2011, Yongsan-gu Seoul, 111, a 32-dong 600-dong 111, “Private Rental apartment (hereinafter “instant apartment”) was completed and its lease began around that time.

The construction company of the apartment of this case as well as the rental business entity (hereinafter “Korea Stim”) entered into a lease agreement with the lessee on January 201 by setting the lease term to five years between the lessee and the lessee.

B. According to relevant laws, such as the Rental Housing Act, private rental housing can, in principle, be converted for sale in lots at the lapse of five years from the date of lease commencement, and if there is an agreement between the rental business operator and the lessee, it can be converted for sale in lots after the lapse of two years and six months from

At the time of the above lease agreement, the lessee of Hansil and the apartment of this case agreed to set the pre-sale conversion to the amount obtained by calculating the arithmetic average of the appraisal value of each appraisal corporation selected by the lessee and Hansil and the lessee of the apartment of this case from among appraisal corporations with the upper 10

C. At the lapse of two years and six months after the mandatory rental period, Hansil notified tenants that they would be converted to parcelling-out in lots. Around that time, lessees organized the “Korea-Name Land Sale Policy Committee to be converted to parcelling-out in lots (hereinafter “the Countermeasure Committee”),” and lessees of 378 households among the total 600 households agreed to the formation of the Countermeasure Committee.

On August 13, 2013, Hansil requested an appraisal corporation for appraisal for the calculation of the pre-sale price for sale in lots (hereinafter “Daehan”). The appraisal was submitted to Hansil on August 30, 2013, a written appraisal (the total assessed value A and 600 apartment units) (the total assessed value A and 2,572,708,000,000).

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