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(영문) 인천지방법원 2016.07.06 2015가합60357
임대주택분양전환적격자확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 23, 2009, the Plaintiff: (a) leased the building listed in the separate sheet (hereinafter “instant building”) from the Defendant with a deposit of KRW 78,100,00; (b) the rent of KRW 53,000 per month; and (c) the lease period from April 1, 2010 to March 31, 2012 (hereinafter “the instant lease agreement”); and (d) the period from March 14, 2012 to March 31, 2014; and (e) renewed the said lease with the same conditions as above; and (e) the remainder period from April 1, 2014 to March 31, 2014 to March 21, 2014; and (e) renewed the lease with the same conditions as above.

B. On May 2013, the Plaintiff was issued a summary order of KRW 1,00,00 with the Incheon District Court Decision 201Da4597, which stated that “Notwithstanding the fact that a lessee of a rental house is unable to sublet the rental house to another person, the Plaintiff, around May 2010, sub-leaseed the said rental house to B on the condition that he/she would pay 3 years, monthly rent of KRW 53,00,000, and 340,000,000 in lieu of the foregoing B,” and the summary order became final and conclusive on June 8, 2013.

C. On November 3, 2015, the Defendant determined the conversion of the instant housing for sale and announced and announced the procedures therefor, but sent a public notice to the Plaintiff that the Plaintiff did not reside in the instant housing due to the Plaintiff’s illegal transfer of the instant housing from May 3, 2010 to October 2010.

Article 11 of the Special Conditions of each lease contract prepared at the time of the conclusion of the instant lease contract and the conclusion of the first renewal contract provides for the conversion of rental housing into sale in lots as follows:

제11조(임대주택 분양전환) ② 전용면적 85m{} ^{2}이하 주택의 분양전환은 「임대주택법」제21조에 따라 다음 각 호의 1에 해당하는 자에...

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