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1. The Defendant’s disposition of business suspension (one month) against the Plaintiff on July 28, 2014 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. The “C apartment site” located in Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the “C apartment site”) is an apartment complex consisting of 32 households and 600 households newly built in the former D site, and is a private construction rental house under Article 2 of the Rental Housing Act, and the non-party E Co., Ltd. (hereinafter referred to as the “E”) newly built and started to lease it to occupants from January 201.
B. In principle, private rental housing under the Rental Housing Act can be converted for sale in lots at the lapse of five years from the date of commencement of lease, and where a rental business operator and a lessee have agreed, it may be converted for sale in lots from the lapse of two years and six months from the date of commencement of lease. On January 201, 201, the lessee of E and C agreed to the effect that “after the lapse of two years and six months from the commencement of lease, the conversion for sale in lots shall be made after the commencement of lease, and the price of the conversion for sale in lots shall be the arithmetic average of the appraisal prices at which E and lessee request an appraisal, and the appraisal corporation that may request an appraisal by both parties shall be a large corporation within the upper
C. On August 2013, when two years and six months have elapsed since January 2011, E notified that he/she would make a conversion to sale in lots to tenants who consent to conversion to sale in lots, and requested an appraisal corporation on August 13, 2013 (the competent appraiser F; hereinafter “Devaluation”) to conduct an appraisal for calculating the conversion price in lots.
Daehan submitted an appraisal report to E on August 30, 2013 (total assessed value of apartment units of 600 households is KRW 2,572,708,00,000). However, lessee has raised an objection as to the fact that the appraisal corporation less than the upper 10 level of sales based on the agreement between both parties is able to conduct an appraisal for calculating the conversion price for sale in lots, and the size of sales is only 11.
(e) E is in charge of a new appraisal corporation in the future around October 2013.