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(영문) 인천지방법원 2020.10.15 2018구합55856
분양전환승인처분취소
Text

1. Of the instant lawsuit, the revocation of the remaining part excluding the pre-sale conversion price stated in the attached Table 2 list.

Reasons

1. Details of the disposition;

A. The Plaintiffs are tenants who moved into an apartment with 33 units listed in the attached Table 2 list of the apartment units (hereinafter “instant apartment units”) with a mandatory rental period of 10 years among “C apartment units” located in Nam-gu Incheon Metropolitan City, and the Intervenor is a rental business entity. The instant apartment units are publicly constructed rental houses under Article 2 subparag. 2-2 of the former Rental Housing Act (wholly amended by Act No. 13499, Aug. 28, 2015; hereinafter “former Rental Housing Act”) constructed with funding from the Housing and Urban Fund.

B. From February 24, 2006, the intervenor entered into a ten-year lease contract with the plaintiffs who applied for occupancy in the apartment of this case through the announcement of invitation of residents, etc., and the plaintiffs moved in from July 2008.

C. On March 20, 2018, the Intervenor requested the Defendant to select an appraisal corporation pursuant to Article 21(1) of the former Rental Housing Act according to multi-oms for ten years of the mandatory rental period of the instant apartment, and the Defendant requested appraisal for the calculation of pre-sale conversion price to D and E.

D and E appraised the apartment of this case in accordance with the transaction comparison method under Articles 16 and 12(1) of the Rules on Appraisal and Evaluation (hereinafter referred to as the "Appraisal Rules"), and the results are as follows:

동, 호수 세대별 평가 금액 산술평균 금액 구 임대주택법 시행규칙 제9조 제1항 [�표 1] 제2호 나목에 의한 감정평가금액 D E F호 197,000,000원 194,000,000원 195,500,000원 G호 207,000,000원 199,000,000원 203,000,000원 H호 209,000,000원 201,000,000원 205,000,000원 I호 197,000,000원 196,000,000원 196,500,000원 J호 207,000,000원 200,000,000원 203,500,000원 K호 209,000,000원 202,000,000원 205,500,000원

E. On July 25, 2018, a lessee who has obtained consent from more than a majority of lessees, filed an objection under Article 21(9) of the former Rental Housing Act, and the Defendant.

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