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(영문) 대전지방법원 2020.07.08 2019가합108552
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. The Plaintiff was selected as an occupant on a first-come first-served basis and on August 26, 2014 (hereinafter “C”), and the Plaintiff entered into a lease agreement and agreed agreement and succeeded to the Defendant’s status as a rental business operator.

) 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) On December 5, 2017, the Defendant purchased the instant apartment from C and succeeded to the status of the rental business operator on January 5, 2018, and around that time, 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 that the Plaintiff entered into with C and the Defendant are as follows.

Article 6 (Prohibited Conduct of “B” (hereinafter referred to as “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 C) shall convert the said house into parcelling-out under the following conditions, if it falls under the rental house 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, if not determined in the public announcement of invitation, it shall be separately.

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