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(영문) 부산고등법원 2020.09.09 2019나55722

소유권이전등기

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All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Defendants are 1) Defendant I received support from the National Housing Fund around 2010, and Defendant I is the O apartment, a public constructed rental house in Busan National Housing Fund N, Busan National Housing Fund (hereinafter “instant apartment”).

(2) Defendant I completed the registration of initial ownership of the instant apartment on November 22, 2011 and completed the registration of ownership transfer on March 2, 2018 to Defendant J Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the title 1 through 4 real estate (hereinafter “real estate”) listed in the separate sheet among the instant apartment units on January 10, 2018, on the grounds of sale and purchase on January 10, 2018, Defendant I completed the registration of ownership transfer on March 8, 2018 to Co-Defendant K for five real estate on January 10, 2018.

B. Lease 1 between the Plaintiffs and Defendant I (hereinafter “instant lease agreement”) with the Plaintiffs selected as residents on a first-come first-served basis from October 27, 2010 to November 12, 2010, respectively, on each real estate indicated in the separate sheet, as follows (hereinafter “each of the instant lease agreements”):

(1) The lease contract of this case was concluded between 5 years and 66,000,000 of real estate No. 66,000,000 of real estate No. 1 A (the period of designation of occupancy) and 65,000,000 of real estate No. 33 " " " 65,000,000 of real estate No. 33 " " " 66,000,000 of real estate No. 4 D 666,00,000 of real estate No. 4D 44 " " 66,00,000 of real estate No. 5 E 66,00,000 of real estate No. 55 E 2) and April 30, 2012 (the period of designation of occupancy is from March 31, 2012 to April 30, 2012).

(hereinafter “Defendant I”, “B”, and “Plaintiffs” refer to each other). Article 12 (Conversion for Sale in Lots of Rental Housing) ① Where the said housing falls under the rental housing referred to in Article 16(1)3 and 4 of the Rental Housing Act, the said housing shall be converted to sale in lots in accordance with the following conditions:

1. The conversion date of the above house for sale in lots shall be five years after the expiration of the initial period for designation of occupancy;

2. The criteria for calculating the pre-sale conversion price of the above rental housing