beta
(영문) 대전지방법원 2017.11.30 2017가단205919

손해배상(기)

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On February 18, 2013, F entered into a lease agreement with the Defendant regarding the Seo-gu Daejeon apartment (hereinafter “instant apartment”) 101 Dong 808, Seo-gu, Daejeon (hereinafter “instant apartment”).

(2) On March 26, 2010, Plaintiff B entered into a lease agreement with the Defendant with respect to the instant apartment Nos. 101 and 811. On July 23, 2015, Plaintiff B acquired the right of lease from H and entered into a lease agreement with the Defendant as to the instant apartment Nos. 101 and 811.

(3) On June 18, 2014, Plaintiff C entered into a lease agreement on the instant apartment Nos. 101 and 815 with the Defendant, and Plaintiff D entered into a lease agreement on July 28, 2015 with the Defendant on the instant apartment Nos. 101 and 513.

B. On July 21, 2015, Plaintiff A purchased the instant apartment 101 Dong 1103 square meters (exclusive use area of 59.9695 square meters) from the Defendant in KRW 137,50,000.

(2) On July 23, 2015, Plaintiff B purchased the instant apartment Nos. 811, 101 (exclusive area of 84.958 square meters) from the Defendant for KRW 187,470,000.

(3) On November 2, 2015, Plaintiff C purchased the instant apartment 101 Dong 1305 from the Defendant on the purchase price of KRW 139,00,000 (exclusive use area of KRW 59.9078 square meters).

(4) On July 24, 2015, Plaintiff D purchased 1105 square meters (exclusive area 59.9695 square meters) of the instant apartment from the Defendant at KRW 137,50,000.

C. On May 9, 2016, the Seo-gu Daejeon District Office approved the Defendant’s application for approval of conversion to parcelling-out on the instant apartment as applied for conversion to parcelling-out. In the event that the pre-sale price of the instant apartment is 108,319,000 square meters for exclusive use, an exclusive area of 84.958 square meters for exclusive use, and an exclusive area of 152,540,000 square meters for exclusive use, and an exclusive area of 59.9078 square meters for exclusive use, 108,814,000 won for the instant apartment.

Article 16 (Restriction, etc. on Sale of Rental Housing) (1) of the Rental Housing Act (amended by Act No. 13474, Aug. 11, 2015) (1) provides that rental housing shall be "mandatory rental period" for any of the following periods:

참조조문