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(영문) 서울고등법원 2017.01.26 2016나2045593
분양전환 승낙 의사표시 청구의 소
Text

1. Of the judgment of the court of first instance, the part concerning the counterclaim in the judgment shall be modified as follows:

Plaintiff (Counterclaim Defendant), ..

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 16, 2012, the Defendant, a local public enterprise, concluded a lease agreement between the Plaintiff and the Plaintiff (hereinafter “instant lease agreement”) stipulating the lease deposit amount of KRW 140,000,00 and the lease period of the lease from May 31, 2012 to May 30, 2014 (hereinafter “instant lease agreement”).

Article 1 (Period of Lease Deposit and Lease Deposit) (1) through (4) (5) The lease period shall be two years from the date of occupancy (the date of payment in balance) after the conclusion of the contract and shall not be extended after the expiration of the lease period, as provided for in paragraph (1).

Article 4 (Guarantee of Period of Lease and Conversion for Sale in Lots) (1) (2) After the expiration of the period of lease on a deposit basis, Gap (the defendant) shall grant the right of preferential sale to Eul (the plaintiff) before the public announcement of recruitment of occupants for sale in lots, and the Corporation (the defendant) shall notify the contractor of the matters concerning the sale in lots three months prior to the expiration of the period of lease on

(3) After the expiration of the lease contract period, the sale price of the house in question shall be the appraisal price determined by the appraisal institution A (Defendant).

(4) (Omission)

B. The lease contract of this case contains the following contents:

C. The Plaintiff paid KRW 140,00,000 to the Defendant pursuant to the lease contract of the instant case, and occupied the instant real estate upon delivery, and operates a child care center at that place.

While the occupants filed a civil petition and continued conflict with the council of occupants' representatives in relation to the operation of the Plaintiff's child care center, the Defendant notified the Plaintiff on February 2014 that "the Plaintiff is scheduled to re-supply the deposit amount of KRW 190 million after the termination of the lease contract, but it is not possible for the Plaintiff to use the deposit for any purpose other than residence when re-supply was conducted." On April 2014, 201, the Plaintiff's child care center of the Plaintiff is a legitimate social welfare facility authorized in accordance with the standards for establishment of the relevant statutes, and without changing the use of the building.

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