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(영문) 부산지방법원 2020.10.14 2019나61083
소유권이전등기
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All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasoning of this part of the Plaintiff’s assertion is as stated in Article 420 of the Civil Procedure Act, since the reasoning of this part is the same as that of the judgment of the court of first instance.

3. Determination

(1) Article 6(2) of the Addenda of the Special Act on Private Rental Housing (wholly amended by Act No. 13499, Aug. 28, 2015) (2) Articles 6(1) and 6(2) of the Addenda of the Special Act on Private Rental Housing (wholly amended by Act No. 13499, Aug. 28, 2015).

1. Housing constructed or being constructed as a publicly constructed rental house with financial support from the State or a local government or the Housing and Urban Fund at the time this Act enters into force;

2. Housing constructed or being constructed with approval for a project plan for a publicly constructed housing site created by a public project as at the time this Act enters into force, as prescribed in Article 16 of the Housing Act;

3. According to the legal relationship on the conversion of the apartment in this case into sale after the enforcement of this Act, it is reasonable to deem that the previous Act and subordinate statutes amended by the Special Act on Private Rental Housing including the Rental Housing Act apply to the legal relationship on the conversion of the apartment in this case into sale after the enforcement of this Act, and the relevant laws and regulations of this case

Article 21 of the former Rental Housing Act (Preferential Conversion for Sale in Lots of Constructed Rental Housing) (1) A rental business operator is constructed after obtaining approval for a project plan under Article 16 of the Housing Act after the period of mandatory rental expires.

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