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(영문) 창원지방법원 밀양지원 2018.08.20 2016가단14111
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

D Co., Ltd. (hereinafter “Nonindicted Company”) refers to publicly constructed rental housing under Article 2 subparag. 2 of the former Rental Housing Act (amended by Act No. 8966 of Mar. 21, 2008) and Article 2 subparag. 1 of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 20849 of Jun. 20, 2008) to E, who was released from the head of Si/Gun on November 2007.

The F apartment housing construction project plan was approved, and the plan was approved on October 13, 2009 by the head of the Gun for the recruitment of occupants of the apartment.

The main contents of the public announcement of the invitation of occupants are as follows:

Time of conversion of conditions for conversion for sale in lots (lease period): Five years from the date of initial designation of occupancy.

(hereinafter omitted) Standards for calculation of pre-sale conversion price: The average price calculated between the construction cost and the appraisal value under the Rental Housing Act.

B. The pre-sale conversion price shall not exceed the amount calculated by deducting depreciation costs during the lease period from the price of the relevant house calculated at the time of conversion for sale in lots based on the building cost of leased housing and housing site cost (hereinafter “calculated price”).

On October 14, 2009, the non-party company issued a public notice of the recruitment of occupants on October 19, 2009, but it was impossible to recruit occupants with the priority set forth in the public notice of the recruitment of occupants, and thus, the tenant who wishes to move into the zone was recruited first-comely, on April 30, 2010, the scheduled date of move into the zone.

In response to the first-come-served recruitment, the non-party company and the non-party company and the person who first entered into a lease agreement with respect to the apartment C (the exclusive area of 50.9867 square meters) of this case, and the plaintiff moved out, and on November 29, 201, the plaintiff entered into a lease agreement with the non-party company as to the apartment C of this case.

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