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(영문) 대전지방법원 2020.07.08 2019가합100992
소유권이전등기
Text

1. The defendant shall receive KRW 63,220,00 from the plaintiff and at the same time real estate stated in the attached Table 1 to the plaintiff.

Reasons

1. Basic facts

A. A. The Plaintiff’s wife: (a) entering into a lease agreement and an agreement; and (b) the Defendant’s status as a rental business operator; (c) C was selected as an occupant on a first-come-served basis; and (d) August 25, 2014 (hereinafter “D”).

) The real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant apartment”) and the publicly constructed rental house (five years).

(2) The Defendant purchased the instant apartment from D on December 5, 2017 and succeeded to the status of the rental business operator on January 5, 2018 after completing the registration of ownership transfer, and the Plaintiff entered into a lease agreement with the Defendant on the same terms and conditions as the transfer.

(A) The terms and conditions of each of the instant lease agreements entered into by the Plaintiff with D and the Defendant are as follows.

Article 6 (Prohibited Conduct of “B” (referring to the Plaintiff) shall not engage in any of the following conduct:

1. An act of transferring a right of lease or subleting a rental house to another person in violation of the Rental Housing Act (lease and qualification for conversion for sale in lots of the rental house) ① “A” (the defendant or D) shall make conversion of the said house to sale in lots in accordance with the following conditions if the said house falls under the rental housing under Article 16(1)3 and 4 of the Rental Housing Act:

1. The conversion period for sale in lots of the foregoing housing shall be five years after the expiration of the initial period for designation of occupancy;

(If two years and six months have elapsed after the expiration of the initial period for designation of occupancy pursuant to Article 13(2)3 of the Enforcement Decree of the Rental Housing Act, the sale-sale price for the said rental house can be converted to a parcelling-out by agreement with Party A and Party B.

However, it is not specified in the public announcement.

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