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(영문) 대전지방법원 2020.06.11 2019나118119

소유권이전등기

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is rendered on January 1, 201.

Reasons

1. Quotation of the first instance judgment

A. The reasoning of this Court’s judgment is as follows:

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for addition or dismissal as stated in the same paragraph, it shall be quoted as it is in accordance with the main sentence

B. In addition, “the scope” in Section 15 of the first instance judgment is added to the part added or used after addition, “the scope” in Section 12 of the first instance judgment.

The 13th of the first instance judgment, the 17th and 18th, the 6th and 20th of the 18th and the 20th of the 20th of the 13th of the 19th of the 19th of the 2019."

On the 14th page of the first instance judgment, “a disposition was taken,” and “a continuous residing after “at the time” was added, “paragraph 1” was used as “paragraph 3,” and “B” was asserted by the 20th instance judgment, and even if the Plaintiff does not fall under the first-come, first-served household under Article 21(1)4 of the former Rental Housing Act, the Defendant’s refusal to recognize the Plaintiff’s preferential conversion qualification on the ground of the violation of the above mandatory provision was in violation of the good faith principle and thus impermissible.

No. 15 of the judgment of the first instance court, "paragraph 1" was used as "paragraph 3," and "owned" as "owned, and it cannot be deemed that it continued to reside in the apartment of this case from the date of occupancy to the date of conversion for sale in lots."

Parts 6 through 18 of the first instance judgment shall be cut to the following parts:

B) Determination as to the requirements without any house (1) Whether the Plaintiff constitutes “the case of being selected as an occupant by a first-come-served method” under Article 21(1)4 of the former Rental Housing Act (a) The former Rental Housing Act’s meaning of the first-come-served method under Article 21(1)4 of the former Rental Housing Act aims to promote the construction of rental houses and stabilize the residential life of the people. Article 21(1) of the former Housing Act (hereinafter “former Rental Housing Act”) is an Act that aims to promote the construction of rental houses and stabilize the residential life of the people.