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대전지방법원 2019.09.18 2018가합108500

우선 분양전환 적격 지위확인

Text

1. All plaintiffs' lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The Defendants, with the approval of the project plan for the publicly constructed rental housing and the approval of the project plan for the invitation of occupants on February 2013, decided to construct I Apartments, which are the publicly constructed rental housing (hereinafter “instant apartments”), on the H ground of Sejong Special Self-Governing City, and the public announcement of the invitation of occupants on March 29, 2013, and the special supply and general supply on April 25, 2013, respectively, were conducted on the first-come, first-come, first-come, first-served general recruitment from April 25, 2013.

B. 1) The Plaintiffs concluded a lease agreement with the Defendants on a first-come-served, first-served and first-served basis, and renewed the agreement on each of the instant real estate on two occasions as listed below (hereinafter “instant lease agreement”).

(2) On November 17, 2017, 200 won 2 B, KRW 194,750,000 on July 17, 2017, Nov. 17, 2017, 2017, the Plaintiff’s first lease agreement of KRW 3,00,00,00 on the date of renewal of the first contract (the second) contract (the second lease agreement) on the object of lease (the second lease agreement) (the second lease agreement of this case) on the date of renewal of the first contract (the second lease agreement of this case) on the object of lease (the first lease agreement of this case between the Plaintiff and the Defendants’ first lease agreement of KRW 3,00,00,000 on November 17, 2017, 2015 (the first lease agreement of this case concerning KRW 194,750,000,000 on April 23, 2017, 2015).

Article 11 [Re-sale of Rental Housing for Sale in Lots] ① The period of sale in lots of the said housing for sale in lots shall be 2.5 years from the first day of the initial period of the designation of occupancy in the said housing (the period of mandatory lease shall be five years, but the period of mandatory lease under Article 13(2)3 of the Enforcement Decree of the Rental Housing Act may be converted for sale in lots at the lapse of 1/2 of the period of mandatory lease). ② The standard for calculating the conversion price for sale in lots of the said rental housing is subject to