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(영문) 대전지방법원 2019.12.17 2019가단104263
소유권이전등기
Text

1. The plaintiff's all claims are dismissed.

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

Reasons

1. Basic facts

A. C’s public announcement of invitation of residents (1) C Co., Ltd. (hereinafter “C”) constructed public rental housing E in Sejong Special Self-Governing City D with subsidization from the National Housing Fund.

(2) On July 12, 2012, C obtained approval from the Multifunctional Administrative City Construction Agency pursuant to Article 8 of the Rules on Housing Supply, and posted a notice of “Public Rental Notice for Five-year Public Rental” with the following contents as follows:

[Public Notice for Invitation of Residents] Lease Period: A lessee who has resided in the relevant rental house from the first day of the month following the end of the lease period to the date of conversion for sale after the expiration of the lease period (it is possible for a rental business operator and a lessee to make a conversion for sale 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 for sale after the expiration of the lease period under Article 21 (1) of the Rental Housing Act (it is possible for a rental business operator and a lessee to make a conversion for sale after the commencement of lease under Article 13 (2) 3 of the Enforcement Decree of the Rental Housing Act)

B. On January 9, 2015, the Plaintiff acquired the right of lease from the former lessee G with the consent of C, and entered into a lease agreement with C to the effect that the lease deposit is KRW 172 million and the compulsory lease period is five years. On January 20, 2015, the Plaintiff made a move-in report on the instant apartment on the move-in report.

C. (1) The Defendant purchased the instant apartment from C on December 5, 2017, and completed the registration of ownership transfer on January 5, 2018, and succeeded to the status of the rental business operator.

(2) On September 13, 2018, the Plaintiff entered into a lease agreement with the Defendant on the same terms and conditions as before.

(iii).

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