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(영문) 서울서부지방법원 2018.02.14 2016가단19995
건물인도
Text

1. The defendant shall receive KRW 2,943,300,000 from the plaintiff, and at the same time, shall be the building listed in the attached list to the plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation established for the purpose of real estate development, lease, etc., and the Plaintiff is a corporation that is established for the purpose of real estate development, lease, etc., and is an apartment building, “E,” which is a private rental housing, composed of 32 units, 600 units, and 600 units, in the Gu-gu

(2) On April 29, 201, the Defendant entered into a lease agreement (hereinafter “the lease agreement of this case”) with the Plaintiff by setting the lease deposit amount of KRW 2,943,300,00 (no monthly rent) as indicated in the separate sheet (hereinafter “instant real estate”) and the lease agreement between January 31, 2016 and January 31, 2016.

The contents of a special agreement related to the instant lease agreement are as follows.

Article 2 (Transfer Price) (1) The sale conversion price at the time when two years and six months have elapsed from the expiration date of the first occupancy designation period designated by us after the completion of the lease contract shall be the arithmetic mean of the appraisal values of the plaintiff and the defendant selected respectively.

(2) At the expiration of five years from the expiration date of the first occupancy designation period designated at us after completion, the pre-sale conversion price shall be the arithmetic mean of the appraisal values of the Plaintiff and the Defendant selected respectively.

(3) In calculating the conversion amount for sale in lots, an appraisal corporation selected by a lessor and a lessee respectively shall be selected from among appraisal corporations within the upper ten level of sales in the year preceding the evaluation criteria.

Article 3 [Re-sale of Rental Housing in Lots] (1) The plaintiff shall make a conversion to the defendant under the following conditions:

1. It shall not be converted for sale in lots unless five years have elapsed from the expiry date of the designation period for initial occupancy of the housing in question;

However, when one half of the mandatory rental period has elapsed pursuant to Article 13 (2) of the Enforcement Decree of the Rental Housing Act, the plaintiff and the defendant are concerned.

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