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(영문) 전주지방법원 군산지원 2018.06.21 2016가단50394

소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant decided to construct and lease G apartment units (hereinafter “instant apartment units”) which are publicly constructed rental housing units on the ground of 37,512.8 square meters (F district) in Gunsan-si, Gunsan-si, to build and lease the instant apartment units (hereinafter “instant apartment units,” and the same shall apply only in case of indicating individual sections for exclusive use). On March 20, 2002, the Defendant approved the recruitment of occupants from the Gunsan-si mayor, and then announced the recruitment of occupants

B. The Defendant leased each of the instant apartment units to the Plaintiffs (Plaintiff A: 203 Dong 1108; Plaintiff B: 202 Dong 804; Plaintiff C: 207 Dong 105; Plaintiff D’s 206 Dong 303) respectively.

C. Although five years have passed since the tenant of the apartment in this case was obligated to lease the apartment in this case, the defendant did not apply for approval for conversion to sale in lots. On October 14, 2013 with the consent of at least 2/3 of the total number of lessees, the tenant of the apartment in this case filed an application for approval for conversion to sale in lots on the apartment in this case with the consent of at least 2/3 of the tenant. On November 27, 2013, the tenant of the apartment in this case obtained approval for conversion to sale in lots on the apartment in this case with respect to the remaining 1,174 households (including the plaintiff) other than 12 households among the apartment in this case on June 17, 2014.

(hereinafter referred to as “approval for conversion for sale in lots”) D.

On April 2014, the Defendant publicly announced the date of termination of the period of conversion for sale in lots on May 27, 2014, along with the fact that the Defendant obtained approval for conversion for sale in lots from the military market.

(hereinafter referred to as “the First Notice for Sale Conversion”). The main contents of the above notice are as follows:

4. Contract schedule for conversion to sale in lots (2) - contract schedule - May 21, 2014: 201 Dong 201 Dong 202 Dong - May 22, 2014 - 203 Dong 204 Dong - May 23, 2014: 205 Dong 205 Dong, 206 Dong - 207 Dong - May 26, 2014 to May 27, 2014: Uncontractor's 6 matters - Before conversion to sale in lots within the period of entering into a contract under paragraph (2) is essential.