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(영문) 대전지방법원 2020.06.18 2019가단125109
소유권이전등기
Text

1. The defendant shall receive KRW 63,400,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On August 2012, the Plaintiff entered into a lease agreement with C (hereinafter “C”) to lease the instant apartment in the amount of KRW 172 million as a deposit for lease, which is a public construction rental housing (five years of the mandatory lease term), and around that time, paid the said lease deposit to C.

B. On December 5, 2017, the Defendant purchased the instant apartment from C and succeeded to the status of the rental business operator after completing the registration of ownership transfer on January 5, 2018.

On September 14, 2018, the Plaintiff entered into a lease agreement with the Defendant (hereinafter referred to as “instant lease agreement”) on the same terms and conditions as before and on September 14, 2018, including each lease agreement entered into between the Plaintiff and the Defendant.

The standard lease contract entered into by the Plaintiff with C and the standard lease contract entered into with the Defendant (hereinafter collectively referred to as “instant lease contract”) include the following contents:

Article 12 (Sale and Qualification for Sale in Lots of Rental Housing) (1) "A" (hereinafter referred to as the "Defendant or C") shall be converted for sale in lots under the following conditions, if the said housing constitutes the rental housing under Article 16 (1) 3 and 4 of the Rental Housing Act:

1. The conversion period for sale in lots of the foregoing housing shall be five years after the expiration of the initial period for designation of occupancy;

(If two years and six months have elapsed after the expiration of the initial period for designation of occupancy pursuant to Article 13(2)3 of the Enforcement Decree of the Rental Housing Act, the sale-sale price for the said rental house can be converted to a parcelling-out by agreement with Party A and Party B.

Provided, That where there is no provision in the public announcement, a special agreement shall be determined.

(3) Where “A” sells the said housing in lots pursuant to this Article, “B” (hereinafter referred to as “B”) pursuant to Article 21(1) of the Rental Housing Act shall fall under any of the following subparagraphs:

1. A person who has resided in the relevant rental house from the occupancy date to the conversion date;

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