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(영문) 창원지방법원 2019.02.14 2018나56142
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against Defendant B in the judgment is modified as follows:

The plaintiff is the defendant.

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 court should decide ex officio regardless of the party's assertion, as the benefit of lawsuit on the legality of the part of the claim for declaration of consent among the lawsuit against the defendant company constitutes a litigation requirement, and the issue of whether it is equipped is an ex officio investigation.

(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 January 2, 2017 between the Plaintiff and the Defendant Company on the apartment building D, which was before the date of closing of argument in this case. Of the lawsuit against the Defendant Company, the part on the claim for acceptance of an offer in the lawsuit against the Defendant Company was already achieved and its purpose has already been achieved, and thus, it is unlawful

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 the relevant Acts and subordinate statutes 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 method, procedure, and price of such conversion for sale in lots 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

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