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(영문) 대전지방법원 2020.06.16 2019가단111896
소유권이전등기
Text

1. The defendant shall receive KRW 63,400,000 from the plaintiff and at the same time, with regard to the real estate stated in the attached sheet from the plaintiff.

Reasons

1. Basic fact [Public Notice of Invitation of Residents] Lease period: A lessee who is a non-resident who has resided in the relevant rental house at the time of conversion for sale after the expiry of the lease period after five years, and the date of conversion for sale for sale in lots after the expiration of the lease period (limited to a conversion for sale in lots after the lapse of the compulsory period for lease under Article 13 (2) 3 of the Enforcement Decree of the Rental Housing Act if the rental business operator and the lessee agree on the conversion for sale in lots of the relevant rental house after the commencement of lease under Article 13 (2) 3 of the Enforcement Decree of the Rental Housing Act): A lessee who has resided in the relevant rental house from the date of occupancy to the date of conversion for sale in lots under Article 21 (1) of the Rental Housing Act;

A. C Co., Ltd. (hereinafter referred to as “C”) with the National Housing Fund’s subsidies, constructed E Apartments, public rental housing units, in Sejong Special Self-Governing City D, and posted a notice of the public announcement of invitation of invitation of members of Sejong E Apartments (five-year public rental housing units) on July 12, 2012, with approval from the National Administration-Oriented Complex Construction Agency pursuant to Article 8 of the Rules on Housing Supply, as follows:

B. On August 10, 2012, the Plaintiff entered into a lease agreement with C on the following terms: (a) the Plaintiff was selected as an occupant on a first-come-come-served basis; and (b) the lease agreement on the lease deposit amount of KRW 172 million; and (c) the lease agreement for the lease period of up to five years.

C. On December 5, 2017, the Defendant purchased the instant apartment from C and succeeded to the status of the rental business operator after completing the registration of ownership transfer on January 5, 2018.

On September 15, 2018, the Plaintiff entered into a lease agreement with the Defendant on the same terms and conditions as before.

The standard lease agreement entered into with the Plaintiff and the standard lease agreement entered into with the Defendant (hereinafter collectively referred to as “instant lease agreement”) stipulate the following.

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