1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On December 27, 1986, the defendant constructed a D apartment to Ysan-gu Seoul Special Metropolitan City on December 27, 1986 and leased it.

B. On May 2010, the Plaintiff entered into a lease agreement with the Defendant, setting the lease term as KRW 5,556,300, and monthly rent of KRW 54,100 (hereinafter “instant lease agreement”) without setting the lease term regarding the said apartment 7-dong 509 (hereinafter “instant apartment”).

C. On April 26, 2010, after the expiration of the mandatory rental period under the Rental Housing Act, the Defendant filed an application for approval for conversion of the said D apartment to sale in lots with the head of Busan Metropolitan City on April 26, 2010, and obtained approval for conversion for sale in lots on May 14, 2010.

On May 17, 2010, June 9, 2010, June 28, 2010, and November 14, 2010, the Defendant sent a notice demanding the lessee of the above D apartment including the Plaintiff to file an application for conversion for sale in lots by preparing a lease contract, resident registration copy, certificate of resident registration, receipt of down payment, receipt of down payment, receipt of rent and management expenses, and application document (hereinafter “application document of this case”) to the lessee of the above D apartment including the Plaintiff (hereinafter “application document of this case”), and notified the third party that the relevant house will be sold if the Defendant fails to comply with conversion for sale in lots for six months or more pursuant to the former Rental Housing Act (amended by Act No. 11690, Mar. 23, 2013).

E. On July 23, 2012, the Defendant completed the registration of ownership transfer in the future E on the ground of the sales contract dated June 14, 2012 with respect to the instant apartment.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 to 5 (including branch numbers; hereinafter the same shall apply) and images, and the purport of the whole pleadings

2. The assertion and judgment

A. On November 12, 2010, the Plaintiff filed an application for conversion for sale in lots with the Defendant via F of the Management Office of the instant apartment on the basis of the summary of the Plaintiff’s assertion, but the Defendant illegally sold the instant apartment to E without complying therewith.