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(영문) 대전지방법원 2019.09.10 2019가단106658

소유권이전등기

Text

1. The defendant shall receive KRW 63.4 million from the plaintiff and at the same time obtain the payment from the plaintiff, real estate stated in the attached Table.

Reasons

1. The fact that the Plaintiff: (a) was selected as an occupant on the first-come first-served basis; (b) concluded a lease agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) on November 18, 2014 to lease the real estate listed in the separate sheet (five-year rental term) for the publicly constructed rental housing (five-year rental term) to KRW 172 million; and (c) paid the full amount of the lease deposit to Nonparty Company; and (d) occupied and resided in the instant apartment.

In accordance with Article 8 of the Rules on Housing Supply, the Non-Party Company obtains approval from the Multifunctional Administrative City Construction Agency pursuant to Article 8 of the Rules on Housing Supply, and when examining the "public announcement for invitation of multi-family housing (five-year public rental housing)" in July 12, 2012, the following contents are specified:

A lease period: A lease period: A lease period of a house converted for sale in lots after the expiry of the lease period (limited to a lease business operator and a lessee who has been 1/2 or more of the mandatory rental period under Article 13 (2) 3 of the Enforcement Decree of the Rental Housing Act, which may be converted for sale in lots): From the first day of the month following the month in which the end of the initial period of designation of occupancy in lots falls (where the lease period has elapsed after commencement of lease under Article 13 (2) 3 of the Enforcement Decree of the Rental Housing Act and the lessee enter into a contract for sale in lots of the relevant rental house, conversion in lots can be made in lots): A lessee who has resided in the relevant rental house from the date of occupancy to the date of sale in lots pursuant to Article 21 (1) of the Rental Housing Act, and a lessee who has resided in the relevant rental house at the time of sale in lots, purchased the relevant apartment house from the non-party company on December 5,

On September 13, 2018, the Plaintiff entered into a lease agreement with the Defendant on the same terms and conditions as before.

The following contents are specified in the standard lease agreement entered into by the Plaintiff with the non-party company and the standard lease agreement entered into with the Defendant.