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(영문) 광주지방법원순천지원 2014.08.20 2013가합3065
손해배상(기)
Text

1. The Defendants shall pay each of the Plaintiffs the corresponding money and each of the above money indicated in the “damage” column of the attached Table.

Reasons

1. Basic facts

A. On October 18, 2008, Defendant BA Co., Ltd. (hereinafter “Defendant BA”) purchased a total of 2,352 units of BC and BD apartment located outside of BB and three parcels of public rental housing (hereinafter collectively referred to as “instant rental apartment”), and completed the registration of ownership transfer on December 16, 2008, and succeeded to the status of rental business entity of Sungho Construction Co., Ltd.

B. Plaintiffs 1 through 33, 51, 52, and 34 through 50 are tenants who enter into a lease agreement with Sungho Construction Co., Ltd., Defendant BA, or succeed to the status of lessee by obtaining the consent of Defendant BA with respect to each of the relevant households entered in the “number of houses” column in the attached list of BD apartments.

Of the Plaintiffs, Plaintiff 50 (AX) was amended by Act No. 11587, Dec. 28, 2012, the same applies to the former Rental Housing Act (hereinafter “Rental Housing Act”).

The person entitled to preferential purchase conversion or the rest of the plaintiffs under Article 21 (1) shall not fall under the category of a housing owner, etc.

C. On September 15, 2011, before the expiration of the mandatory rental period (five years from the starting date of lease) of the instant rental apartment, Defendant BA provided the following guidance (hereinafter “instant guidance”) with regard to the sale of the instant rental apartment for sale in lots.

The phrase “BC apartment”, including the instant guidance, refers to the entire 2,352 households of the instant rental apartment, including “BD apartment”, written in some documents related to the conversion of the instant rental apartment into parcelling-out.

Pursuant to Article 21 of the Rental Housing Act, preferential buyers and general buyers are distinguished from each other at the time of conversion for sale in lots as follows and there is a difference in the price at the time of approval for sale in lots.

(In principle, only the first buyer can be sold in lots: the contractor does not have a house owner or resident registration (transfer report).

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