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(영문) 서울고등법원 2019.08.21 2018나2058852
소유권이전등기 등
Text

1. The plaintiff's appeal against the defendant C Co. and the additional claim by this court are all dismissed.

2...

Reasons

1. Basic facts

A. (1) Defendant C’s conclusion, etc. of the instant contract) around September 2007, consisting of 32 Dong and 600 households in the Gu F site located in Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter “instant apartment”).

(3) In order to avoid the application of the former Housing Act (amended by Act No. 8852 of Feb. 29, 2008), the apartment of this case was repealed by the former Rental Housing Act (amended by Act No. 9541 of Mar. 25, 2009), and was repealed by the Special Act on Private Rental Housing on August 28, 2015.

hereinafter the same shall apply.

(2) As prescribed in Article 2 of the former Rental Housing Act, the term of lease for each of the instant apartment units from February 2009 to May 29, 2008, the Defendant C concluded a lease agreement with the buyer on the terms of “five years from the date of commencement of the designation period for occupancy,” setting the term of lease for each of the instant apartment units as “five years from the date of commencement of the designation period for occupancy,” and Article 13(1) and 13(2)3 of the Enforcement Decree of the same Act. The Plaintiff entered into a lease agreement with Defendant C on April 22, 2009 as to the lease agreement between the lessor and the lessee on the condition that the lease agreement is possible. The Plaintiff entered into a lease agreement with the buyer on April 22, 2009 to the effect that the lease agreement is possible after the lapse of two years and six months from the date of the designation period.

(hereinafter “instant contract”). At the time, Defendant C and the Plaintiff stipulated the following special agreement regarding the conversion of the apartment of this case into sale in lots:

hereinafter referred to as "the case."

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