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(영문) 광주지방법원 2015.01.30 2014나52793

건물명도

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation in this case is as follows, except for the part concerning "whether Article 21 (7) of the Act is violated" as stated in Part concerning the reasoning of the judgment of the court of first instance, since the court's explanation in this case is consistent with the main sentence of Article 420 of the Civil Procedure Act, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Article 21(1) of the Act provides that "where a rental business operator constructs housing constructed with a subsidy from the National Housing Fund under Article 60 of the Housing Act or sells housing for sale in lots on a housing site developed by a public project after the expiration of the period for lease obligation, among the housing constructed by him/her after obtaining approval for a business plan pursuant to Article 16 of the Housing Act, the rental business operator may sell the relevant rental housing to any of the following lessees preferentially (Article 60 of the Housing Act omitted)" (Article 21(7) of the Act provides that "the head of a Si/Gun/Gu shall, upon receipt of an application for approval for conversion in lots, grant approval within 30 days if a lessee fails to comply with the conversion in lots for sale in lots for at least six months after obtaining approval for conversion in lots under paragraph (4), the rental business operator may sell the relevant rental housing to a third party as prescribed by Ordinance of the Ministry of Land

The purpose of the Act is to ensure the tenant's preferential right to purchase a rental house in a stable manner by guaranteeing the tenant's preferential right to purchase a rental house, and the Act provides procedures for the tenant's application for approval for sale in lots and does not separately provide for the procedures for notifying the tenant of the approval for sale in lots, so the tenant is unlikely to know the approval for sale in lots, and Article 21 (7) of the Act provides that the rental business operator may sell the rental house to a third party.