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(영문) 서울중앙지방법원 2017.10.19 2016가합533790
소유권이전등기
Text

1. The plaintiff (a preliminary counterclaim defendant) shall dismiss the lawsuit against the defendant in the Rose of Sharon Trust Co., Ltd.

2...

Reasons

Basic Facts

Defendant Han Spoi Co., Ltd. (hereinafter “Defendant Han Spoi”) is a corporation established for the purpose of developing, leasing, etc. real estate, and is a company that carries out the business of constructing and selling G apartment (hereinafter “instant apartment”) composed of 32 Dong and 600 households on the former F site located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu.

The Defendant Rose of Sharon Co., Ltd. (hereinafter “Defendant Rose of Sharon”) is a trust company that has completed the registration of ownership transfer on the apartment of this case in accordance with a trust agreement with Defendant Han-man.

The Plaintiffs are tenants who have concluded a lease agreement on the apartment of this case with Defendant Han-man.

In order to avoid the application of the "sale price ceiling", which was enforced by the former Housing Act (amended by Act No. 8852, Feb. 29, 2008) as at the time of September 207, including the conclusion of the contract in this case, the apartment in this case is "private construction rental housing" as stipulated in Article 2 of the former Rental Housing Act (repealed by the Special Act on Private Rental Housing, Aug. 28, 2015, amended by Act No. 9541, Mar. 25, 2009; hereinafter the same), and it shall be leased to the buyer for a certain period (in principle, rental housing can be converted for sale after five years from the date of its mandatory lease period, in case of private rental housing construction pursuant to Article 16 (1) 4 of the former Rental Housing Act, and Article 13 (1) and (2) 3 of the Enforcement Decree of the same Act, and if the lessor and lessee have agreed, it shall be converted for sale from Yongsan-gu Seoul Metropolitan Government Office within 20 years to 20.

Article 2 [The Conversion Price for Sale in Lots] ① Two years and six months after the expiration date of the initial designation period for occupancy designated by us after completion.

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