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(영문) 창원지방법원 2019.05.30 2018나55293
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

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.

Plaintiff’s assertion

The plaintiff is a lessee who has occupied the apartment in the attached list by the first-come, first-come, first-served method and has resided in the apartment at the time of conversion for sale for sale for sale. Therefore, the laws, regulations, etc. of the former Rental Housing Act and

Pursuant to Article 21(1)1 or 4 of the Rental Housing Act (hereinafter respectively referred to as “Act”) (Article 21(1)1 or (4) of the same Act (hereinafter referred to as “Article 21(1)1 or 4, respectively, when citing individual provisions, the Defendant is obligated to express his/her intention to purchase the apartment as stated in the separate sheet to the Plaintiff at KRW 49,819,200, the purchase price of the apartment as stated in the separate sheet upon the Plaintiff’s preferential application for conversion for sale in lots, and to implement the registration procedure for transfer of ownership based on the said sale.

Judgment

A. Under Article 21(1) of the Act, for the purpose of converting the publicly constructed rental housing into parcelling-out under Article 21 of the Act, (1) the common requirements of persons eligible for preferential conversion to parcelling-out under Article 21(1) of the Act, (2) the term “sale conversion” under Article 2 subparag. 6 of the Act is defined as selling rental housing to a person who is not a rental business operator. In light of the fact that the Rental Housing Act does not recognize that a sales contract for rental housing was concluded only by the lessee’s declaration of the lessee’s request for purchase, the term “time of sale conversion” under subparagraph 1 or 4 becomes effective when the lessee applies for conversion to parcelling-out and the status of the buyer becomes converted, i.e., the lessee., when the lessee applies for conversion to parcelling-out.

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