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(영문) 대전지방법원 2021.02.18 2020가단104559
소유권이전등기
Text

The defendant is limited to the sale on July 31, 2019 with respect to the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On February 27, 2013, the Defendant obtained approval for a public rental housing project plan regarding the three-type Special Self-Governing City C apartment (hereinafter “C apartment”)

After completion of C Apartment, the defendant completed the registration of the preservation of ownership on December 11, 2015 with respect to each household.

B. On April 28, 2013, the Plaintiff leased from the Defendant the real estate listed in the [Attachment List (hereinafter “instant apartment”) among the apartment buildings C (hereinafter “instant apartment”) to KRW 204,80,000, and KRW 240,000,000 in the rent month, and determined the conversion for sale in lots as follows.

Article 11 (Conversion for Sale in Lots of Rental Housing) (1) The period of sale in lots of the apartment of this case shall be 2.5 years from the beginning of the first period of sale in lots (the period of mandatory lease shall be five years, but it may be converted for sale in lots at the expiration of one half of the period of mandatory lease pursuant to Article 13(2)3 of the Enforcement Decree of the Rental Housing Act). (2) The criteria for calculating the conversion price for sale in lots of the rental housing of this case shall be governed by

[Matters] Article 2 (Special Contract Terms and Conditions) (1) The apartment of this case is a rental house with a mandatory rental period of five years, and is to be converted for sale in lots at the expiration of one-half of the mandatory rental period. (2) The pre-sale conversion price of the apartment of this case is the average amount of the appraised value at the time of conversion for sale in lots and

(c)

On December 23, 2016, the Plaintiff and the Defendant changed the lease deposit to KRW 256,990,000 and determined that the lease deposit is not rent.

In regard to conversion for sale in lots, the following was determined:

Article 12 (i) In cases where the apartment of this case constitutes the rental housing under Article 16 (1) 3 and 4 of the Rental Housing Act, the defendant shall make conversion to sale in lots in accordance with the following conditions:

The period of conversion for sale in lots of apartment in this case shall be 2.5 years from the beginning date of the first period of occupancy (the period of mandatory lease shall be 5 years, but Article 13(2)3 of the Enforcement Decree of the Rental Housing Act shall be the same.

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