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1. Revocation of the first instance judgment.
2. Of the instant lawsuit, the part concerning the claim for the declaration of acceptance of the offer.
Reasons
Basic Facts
The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The plaintiff's assertion by the plaintiff is a lessee who has occupied the apartment as shown in the separate sheet by the first-come, first-served method and has resided in the time of conversion for sale in lots. Thus, the laws, regulations, etc. of this case under the former Rental Housing Act are as stated in
Pursuant to Article 21(1)1 or 4 of the Rental Housing Act (hereinafter respectively referred to as “Act”) (Article 21(1)1 or 4, respectively, when citing individual provisions, the Defendant is obligated to express his/her consent to the Plaintiff’s subscription to purchase KRW 75,779,470, the purchase of apartment units listed in the separate sheet, upon the Plaintiff’s preferential application for conversion for sale in lots, at KRW 75,79,470, and to implement the registration procedure for transfer of ownership based on the said sale.
For the following reasons, the defendant's argument that the plaintiff can not be recognized as eligible for preferential conversion to sale in lots under Article 21 (1) of the Act, or the plaintiff's argument has expired since the eligibility for preferential conversion to sale
① The Plaintiff did not prove his/her own house and his/her household members’ house during the period in which he/she leased and resides, and thus, the Plaintiff cannot be recognized as eligible for preferential conversion for sale in lots under subparagraph 1 or 4 to the Plaintiff.
② The Plaintiff did not first file an application for conversion for sale in lots for six months after the approval of conversion for sale in lots was granted to the apartment complex listed in the attached list. As such, the Plaintiff, pursuant to Article 21(7) of the Act, lost eligibility
③ Lease agreements on apartments entered in the separate sheet of the Plaintiff and the Defendant are rent for the Plaintiff.