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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On November 29, 2002, the Plaintiff, as a rental business operator, constructed a rental apartment on the ground of 5 00,000,000,000 dong-ro with the approval of the housing business plan from the Defendant on November 29, 2002. On November 28, 2004, the Plaintiff reported the terms and conditions as follows to the Defendant, and on November 24, 2004, leased the above apartment to the lessee on November 27, 2004 after obtaining the approval for the use of the above apartment from the Defendant.
The calculation of the pre-sale conversion price in 2009 on November 27, 2004 from November 27, 2004 to November 26, 2005, based on relevant laws, such as the Rental Housing Act, etc.
B. On November 2, 2016, the Plaintiff requested the Defendant to select an appraisal corporation for calculating the pre-sale conversion price on November 2, 2016, when ten years have elapsed since the lease obligation period of 48 households with exclusive use area of 59.9870 square meters (hereinafter “instant apartment”).
C. On November 4, 2016, the Defendant, upon the said request, selected a corporation for the sale in lots and a corporation for the appraisal and assessment of the instant apartment on a dialogue appraisal and assessment of the instant apartment. On November 28, 2016, the Plaintiff and the council of lessees’ representatives of the instant apartment (hereinafter “the result of the first appraisal”) notified the Plaintiff and the council of lessees’ representatives of the instant apartment of the appraisal and assessment. D. On December 6, 2016, the Plaintiff filed an application for approval for the sale in lots of the instant apartment (hereinafter “the first application”), but the Defendant, on December 9, 2016, recommended the Plaintiff to cooperate with the Plaintiff at a price not exceeding KRW 100 million in consideration of the fact that “the sale in lots of the instant apartment does not exceed the appraised value,” and that it was higher than the sale in lots of other complexes, recommended the Plaintiff to set the sale in lots at a price not exceeding KRW 100 million.
E. On December 23, 2016, the Plaintiff responded that it is impossible for the Defendant to comply with the above request and recommendation, and the Defendant on December 28, 2016.