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(영문) 대전지방법원 2020.05.28 2019가단128887
소유권이전등기
Text

1. The plaintiff's primary, primary and secondary claims are all dismissed;

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

Reasons

1. Basic facts

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

The main contents of the public announcement shall be as follows:

A lease period: A lessee who has resided in the relevant rental house at the time of conversion from the first day of the month following the month in which the date of initial occupancy designation period belongs (at the time of agreement between the rental business operator and the lessee after the lapse of 1/2 of the mandatory rental period 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 under Article 21 (1) of the Rental Housing Act and the date of first sale after five years from the first day of the month in which the date of initial occupancy designation period belongs (at the time of lease commencement under Article 13 (2) 3 of the Enforcement Decree of the Rental Housing Act and the lessee has agreed to conversion

B. On October 17, 2014, the Plaintiff entered into a lease agreement with C to lease the real estate listed in the separate sheet (hereinafter “instant apartment”) with the lease deposit of KRW 190,000,000 and KRW 440,000,000,000 in monthly rent, and entered into a new lease agreement on the pre-determined conversion for sale in lots (referring to the sum of the monthly rent in the lease deposit).

Before moving into the instant apartment, the Plaintiff paid to C the fixed lease amounting to KRW 172,00,000,000 as stipulated in the above lease agreement and the amendment agreement, and completed the move-in report on the instant apartment on November 5, 2014.

This is between the lease contract and the amendment agreement entered into between the Plaintiff and C.

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