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1. The Defendant’s imposition of penalty surcharge of KRW 170 million against the Plaintiff on July 30, 2014 is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. “C-private rental apartment (hereinafter “instant apartment”) with a scale of 32 and 600 households located in Yongsan-gu Seoul, Yongsan-gu, Seoul, was completed on January 201, and the lease began around that time.
In January of 2011, the Korea-Sagro Co., Ltd. (hereinafter “Korea-Sagro”) entered into a lease agreement with the lessee by setting the lease term to five years between lessees.
B. According to relevant laws, such as the Rental Housing Act, private rental housing can, in principle, be converted for sale in lots at the lapse of five years from the date of lease commencement, and if there is an agreement between the rental business operator and the lessee, it can be converted for sale in lots after the lapse of two years and six months from
At the time of the above lease agreement, the lessee of Han Jini and the apartment of this case agreed to set the pre-sale conversion in the amount calculated by calculating the arithmetic average of the appraisal value of Hani and the lessee selected by each of the appraisal corporations among the appraisal corporations with the upper 10th of the sales in the previous year.
C. At the lapse of two years and six months after the mandatory rental period, Hansil notified tenants that they would be converted to parcelling-out in lots. Around that time, lessees organized the "C-sale Support Committee" for the purpose of negotiating the conversion into parcelling-out with Hansil (hereinafter "C-sale Support Committee"), and the lessees of 378 households among the 600 households agreed to establish the Countermeasure Committee.
On August 13, 2013, Hansil requested an appraisal corporation for appraisal for the calculation of the pre-sale price for sale in lots (hereinafter “Daehan”). The appraisal was submitted to Hansil on August 30, 2013, a written appraisal (the total assessed value of 2,572,708,000,000 won of the apartment appraised in charge D and 600 households).