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(영문) 서울고등법원 2018.05.24 2017나2061165

소유권이전등기 등

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1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The status of the parties 1) The defendant Hanpoi Co., Ltd. (hereinafter “Defendant Hanpoi”)

A) A corporation is established for the purpose of developing, leasing, etc. real estate, which consists of 32 units and 600 households in the Gu F site located in Yongsan-gu Seoul Metropolitan Government E (hereinafter “instant apartment”).

(2) The Defendant Korea Trust Co., Ltd. (hereinafter “Defendant Korea Trust”) is a trust company that has completed the registration of ownership transfer with respect to the instant real estate in accordance with a trust agreement with Defendant Han-man.

3) The Plaintiff is a lessee who entered into a lease contract on the instant apartment among the instant apartment units with the Defendant Han-si. (B) The Defendant Han-si, at the time of September 2007, concluded a lease contract on the instant apartment units, with the aim to avoid the application of the “sale price ceiling”, which was enforced under the former Housing Act (amended by Act No. 8852, Feb. 29, 2008). In principle, the instant apartment units were abolished under the Special Act on Private Rental Housing (amended by Act No. 9541, Mar. 25, 2009; hereinafter the same) and leased the apartment units to the buyer for a certain period of time (Article 16(1)4 of the former Rental Housing Act; Article 13(1) and (2)3 of the Enforcement Decree of the same Act, and if the lessor and the lessee agreed to sell the leased housing units within 20 years after the lapse of 20 years from the date of sale in lots and 25 years from the date of lease.

2 The defendant Hanpool is each of the apartment units of this case between the buyer and the buyer around February 2009.