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(영문) 서울중앙지방법원 2018.09.13 2016가합2937
소유권이전등기 등
Text

1. All of the plaintiffs' lawsuits against defendant D Co., Ltd. are dismissed.

2. The plaintiffs C.

Reasons

1. Basic facts

A. 1) Defendant C Co., Ltd. (hereinafter “Defendant C”)

Around September 2007, G apartment consisting of 32 Dong and 600 households (hereinafter “instant apartment”) on the Gu F School site located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul. (hereinafter “instant apartment”).

(3) In order to avoid the application of the former Housing Act (amended by Act No. 8852 of Feb. 29, 2008), the apartment of this case was repealed by the former Rental Housing Act (amended by Act No. 9541 of Mar. 25, 2009), and was repealed by the Special Act on Private Rental Housing on August 28, 2015.

hereinafter the same shall apply.

(2) The term “private construction rental housing” as stipulated in Article 2 is leased to several buyers; however, in the case of private construction rental housing pursuant to Article 16(1)4 of the former Rental Housing Act and Article 13(1) and 13(2)3 of the Enforcement Decree of the same Act, it can be converted for sale in lots at the expiration of five years, which is the mandatory rental period, in principle, from the lease commencement date; and if the lessor and lessee have reached an agreement, it can be converted for sale in lots after the lapse of two years and six

(2) On May 29, 2008, Defendant C concluded, from February 2009 to February 2009, the term of lease for each of the instant apartment units as “five years from the starting date of the designation period for occupancy” (hereinafter “instant contract”). The Plaintiffs entered into each of the instant contracts as shown in attached Table 2 with respect to each of the real estates listed in attached Table 1, as shown in attached Table 2.

In relation to the conversion of the apartment of this case into sale at the time of the contract of this case, the special agreement of this case is stipulated (hereinafter “the special agreement of this case”).

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