소유권이전등기
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the judgment of the court of first instance, which cited the case, is to be stated in this case, is to delete Paragraph (1)(c) from the grounds of the judgment of the court of first instance, and to add the judgment on the Defendants’ assertion as set forth in Paragraph (2) below, and thus, it is to accept it as it is in accordance with the main sentence of Article
2. Additional part (Judgment on the Defendant’s argument)
A. (1) As to the exclusion period Do and argument, the Defendants’ right to claim a sale should be exercised within two months from the end of the purchase consultation period. In the case of Defendant B, the consultation was commenced on March 6, 2018 and the three months passed thereafter, and in the case of Defendant C, the consultation was commenced on June 6, 2018 and the three months passed thereafter on February 20, 2018, each purchase consultation period was terminated on May 20, 2018, the Plaintiff exercised the right to claim a sale when submitting an application for change of the purport of the instant claim and the cause of the claim, which was two months after the lapse of the two months thereafter, as such, the Plaintiff’s right to claim a sale was exercised with the limitation period, and is unlawful.
(2) Since “not less than three months” should be discussed before filing a claim for sale of judgment (see the main sentence of Article 22(1) of the Housing Act), if a consultation has been held for more than three months, the claim for sale should be exercised within two months from the date on which the consultation is completed.
The Plaintiff and the Defendants consulted respectively on the date of the first conciliation in the first instance court to be held in August 19, 2018 and the second conciliation court to be held in September 4, 2018, and on September 17, 2018. The fact that the Plaintiff submitted to the first instance court an application for modification of the purport of the instant claim and the cause of the claim to the effect that the Plaintiff exercises the right to demand sale on September 17, 2018, which is less than two months thereafter, and the duplicate was served on the Defendants on September 18, 2018 is apparent.
Therefore, the Plaintiff’s right to request sale was exercised within two months from September 4, 2018, which was the second adjustment date after the conclusion of the agreement, and thus, the Defendants’ above assertion is difficult to accept.
(b).