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(영문) 창원지방법원 2019.02.14 2018나56593
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

Of the instant lawsuit, a claim for the declaration of acceptance of an offer is made.

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 benefit of litigation on the legality of the part of the claim for declaration of consent among the lawsuits of this case constitutes a litigation requirement, and the issue of whether it is equipped is an ex officio investigation, the court shall ex officio determine ex officio regardless of the party'

(see, e.g., Supreme Court Decisions 91Da12905, Jul. 12, 1991; 2005Da60239, Mar. 9, 2006). In addition, even if the litigation requirements are nonexistent at the time of filing a lawsuit, they can only be satisfied by the time of closing argument at the trial court. However, even if the litigation requirements are satisfied at the time of filing a lawsuit, it is unlawful if the requirements are extinguished thereafter.

The following 3-D

As examined in this paragraph, a sales contract was established on December 28, 2016 between the Plaintiff and the Defendant with respect to the apartment building C, which was before the date of closing of argument in this case. Of the lawsuit in this case, the part of the claim for acceptance of the offer in this case is unlawful as there is no benefit of lawsuit, since the purpose thereof has already been achieved.

The Acts and subordinate statutes, rules, etc. concerning this case under the former Rental Housing Act (hereinafter referred to as the "Act") shall be as specified in attached Table 2.

Article 21 of the Act on August 28, 2015 (wholly amended by Act No. 13499, Aug. 28, 2015; hereinafter the same) provides that where a rental business operator sells publicly constructed rental housing after the expiration of the mandatory rental period, it shall be converted to a certain lessee first, and necessary matters concerning the methods, procedures, prices, etc. of such conversion shall be prescribed by Presidential Decree. Accordingly, in order to preferentially convert the publicly constructed rental housing into lots, the mandatory rental period must expire (Article 1) and (2)

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