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(영문) 서울고등법원(춘천) 2014.10.01 2014나180

소유권이전등기

Text

1. Of the judgment of the court of first instance, the part against the defendant against the plaintiff B and C shall be revoked, respectively, and the above revoked part shall be applicable.

Reasons

1. The process of converting sale in lots;

A. On June 25, 2001, the Defendant obtained the approval of the housing construction project plan from the original housing market, and constructed O 4 and 460 households on the N of the National Housing Fund, which are public rental housing, on the N of the original housing market, with the funding of the National Housing Fund. On March 5, 2005, the occupancy date was set as 7 months of the same year and publicly announced the invitation of occupants.

The Plaintiffs and the Defendant entered into a lease agreement (hereinafter collectively referred to as the “instant lease agreement”) with respect to each of the relevant households indicated in the “Indication of the real estate” column in attached Form 1 (hereinafter collectively referred to as the “instant rental housing”).

B. As of June 30, 2010, the Defendant did not file an application for approval for conversion for sale in lots for at least six months after five years, which was the mandatory rental period for the instant rental housing, the Plaintiffs organized a council of lessees’ representatives. On November 19, 201, the Plaintiffs requested the head of the original state Mayor to select an appraisal institution for the calculation of conversion price for sale in lots. Based on the appraisal results of the Korea Appraisal Board and the Appraisal Board, which is an appraisal institution selected by the original state Mayor, applied for approval for conversion for sale in lots of rental housing with the original state Mayor on March 22, 2012.

Therefore, the original state Mayor approved the conversion price for sale on May 4, 2012, and the conversion price for sale by the Plaintiff of the instant rental housing is as stated in the “sale conversion price” column in attached Table 1.

[Ground of recognition] The fact that there is no dispute, entry in Gap's evidence 1 through 14, Gap's evidence 17 through 20 (hereinafter referred to as "a separate statement"), and the purport of whole pleadings

2. The parties' assertion

A. On May 4, 2012, according to the application of the council of lessees' representatives for approval of conversion of rental housing in this case, the original state of the plaintiffs' assertion approved conversion for sale in lots, and the defendant did not comply with conversion for sale in lots for at least six months thereafter.

Accordingly, each lessee of the instant rental housing, who is eligible for preferential conversion for sale in lots, shall be against the Defendant on March 9, 2011.

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