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(영문) 대전지방법원 2019.12.17 2019가단103352
소유권이전등기
Text

1. The defendant shall receive KRW 63.4 million from the plaintiff, and at the same time, shall raise an objection to the real estate stated in attached Table 1 to the plaintiff.

Reasons

1. Facts of recognition;

A. C’s public announcement of invitation of residents (1) C Co., Ltd. (hereinafter “C”) constructed E Apartment, which is a publicly constructed rental house, in Sejong Special Self-Governing City D with subsidization from the National Housing Fund.

(2) On July 12, 2012, C obtained approval from the Multifunctional Administrative City Construction Agency pursuant to Article 8 of the Rules on Housing Supply, and posted “Public Rental Notice” with the following contents as follows:

[Public Notice for Invitation of Residents] Lease Period: A lessee who has resided in the relevant rental house from the first day of the month following the end of the lease period to the date of conversion for sale after the expiration of the lease period (it is possible for a rental business operator and a lessee to make a conversion for sale after the lapse of 1/2 of the mandatory rental period under Article 13 (2) 3 of the Enforcement Decree of the Rental Housing Act): A lessee who has resided in the relevant rental house from the date of occupancy to the date of conversion for sale after the expiration of the lease period under Article 21 (1) of the Rental Housing Act (it is possible for a rental business operator and a lessee to make a conversion for sale after the commencement of lease under Article 13 (2) 3 of the Enforcement Decree of the Rental Housing Act)

B. On August 10, 2012, the Plaintiff entered into a lease agreement and the Plaintiff entered into a lease agreement with C on the following terms: (a) the Plaintiff was selected as an occupant on a first-come first-served basis on August 10, 2012; and (b) the lease agreement with C on the real estate listed in the attached Form 1 (hereinafter “instant apartment”) with the deposit KRW 172 million; and (c)

C. (1) The Defendant purchased the instant apartment from C on December 5, 2017, and completed the registration of ownership transfer on January 5, 2018, and succeeded to the status of the rental business operator.

(2) On September 15, 2018, the Plaintiff entered into a lease agreement with the Defendant on the same terms and conditions as before.

(3) The Plaintiff entered into with C respectively.

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