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(영문) 서울서부지방법원 2018.07.25 2017가합37683
소유권이전등기
Text

1. The defendant shall receive KRW 1,233,100,000 from the plaintiff, and at the same time real estate stated in the attached list to the plaintiff.

Reasons

Facts of recognition

On February 27, 2009, the Plaintiff and the Defendant concluded a lease agreement with the Defendant for the purpose of developing and leasing real estate, which is a corporation established for the purpose of constructing and selling D apartment units (hereinafter “instant apartment units”) composed of 32 units, 600 units, and D apartment units (hereinafter “instant apartment units”). On February 27, 2009, the Plaintiff and the Defendant concluded a lease agreement with the Defendant for the lease deposit of KRW 1.637,400,00,000, monthly rent of KRW 2,787,00,000, and five years from the beginning date of the lease term designation period (hereinafter “instant lease agreement”).

The contents of the instant lease agreement pertaining to the instant case are as follows.

D Lease Agreements

2. Date of contract: Article 1 of the term and conditions of the contract on February 5, 2009 [Rental Deposit / Rent and Payment Method / Term of Lease] (1) The defendant shall lease the security deposit, rent and lease term of the real estate of this case to the plaintiff by setting the following terms:

Rental deposit: Monthly rent of KRW 1.637 billion: 2,787,000: Five years (special agreement) from the commencement date of the occupancy designation period: Article 2 [The conversion price] ① The conversion price at the time when two years and six months have elapsed from the expiration date of the initial occupancy designation period designated at us after completion, the conversion price at the time of conversion for sale in lots shall be the arithmetic average of the appraised values of the defendant and the appraisal corporation selected by the plaintiff.

(2) The pre-sale conversion price at the time of conversion for sale in lots at the expiration of five years from the expiration date of the first designation period of occupancy designated by us after completion shall be the arithmetic mean of appraisal values of the defendant and the Plaintiff

(3) In calculating the amount converted for sale in lots, an appraisal corporation selected respectively by a lessor and lessee shall be selected from among appraisal corporations within the upper 10 radius of sales in the year preceding evaluation standards.

Article 3 (Conversion for Sale in Lots of Rental Housing) (1) Defendant shall be as follows:

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