임대주택분양전환승인처분무효확인 등
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a rental business operator with the purpose of civil engineering, construction, lease of real estate, and sale, and has been running a housing rental business since its registration as a rental business operator on December 12, 1994.
B. The Plaintiff constructed Gangseo-si B apartment (hereinafter “the apartment of this case”) 495 households (the exclusive use area of 49.92С 255§¯, exclusive use area of 59.58С 240 households). On September 6, 1999, the Plaintiff received a completion certificate of usage inspection from the Defendant, and leased the apartment of this case to the lessee from October 31, 1999.
(5) years of mandatory lease. (c)
Around May 2017, the council of lessees' representatives of the instant apartment complex consisting of the lessees of the instant apartment complex applied for approval for conversion of rental housing for sale in lots pursuant to Article 21(5) of the former Rental Housing Act (wholly amended by Act No. 13499, Aug. 28, 2015; hereinafter "former Rental Housing Act") (hereinafter "application of this case"), and on April 27, 2018, the Defendant approved conversion of rental housing for sale in lots (hereinafter "disposition of this case").
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion of this case is null and void because of the existence of the following serious and apparent defects, and even if there is no family serious and apparent defect, it should be revoked as it is unlawful.
1) An application for approval for conversion for sale in lots at the expiration of 13 years from the time when a lessee violating the abuse of rights or the principle of trust and good faith has expired is not permissible as it constitutes abuse of rights or goes against the principle of trust and good faith. (2) The sale price of the apartment in this case due to the defect in the calculation of the pre-sale conversion price is determined by the Presidential Decree of December 28, 2015.