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(영문) 부산지방법원 2019.07.24 2018나59373
소유권이전등기
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1. Revocation of the first instance judgment.

2. The plaintiff's primary and conjunctive claims are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: “The selection of residents is made on a first-come-served basis between “Defendant (A)” and “The above apartment E” of the judgment of the court of first instance; “The result of the inquiry inquiry into D Apartment Management Office of the court of first instance” is the same as that of the judgment of the court of first instance, except for the addition of “the result of the inquiry into the fact-finding request to D Apartment Management Office of the court of first instance” to the ground for recognition of the fourth 12th 4th 12th 4th 4th 4th

2. Determination as to the cause of action

A. The plaintiff asserted that the plaintiff had been living with his spouse, lineal ascendants and descendants, and his lineal ascendants and descendants after the moving-in report was made on April 2016 and had been living in the apartment of this case, but at that time, the mother-child I continued to reside in the apartment of this case, which is a lineal ascendant at that time, and thereafter, the plaintiff moved in the apartment of this case. Thus, the plaintiff was a person who satisfies all the requirements for conversion to sale in lots under the former Rental Housing Act (wholly amended by Act No. 10463, Mar. 9, 201, before the said date was enforced) and satisfies all the requirements for conversion to sale in lots, but the defendant did not comply with the plaintiff's conversion application.

Therefore, the Defendant: (a) sought the implementation of the procedure for registration of ownership transfer under a parcelling-out agreement established between the parties by filing an application for conversion for sale in lots around the Defendant’s primary guidance; and (b) sought the declaration of consent to the Plaintiff’s declaration of intent to purchase purchase by legitimate conversion for sale

(b) Where a rental business operator sells publicly constructed rental housing constructed with approval for a project plan pursuant to Article 16 of the Housing Act after the period of mandatory rental expires, the sale thereof shall take precedence over any of the following lessees:

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