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(영문) 전주지방법원 2018.04.12 2017구합36
임대주택분양전환승인 무효확인
Text

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

2. The costs of lawsuit shall be the part resulting from the participation.

Reasons

1. Details of the disposition;

A. The Plaintiff is a rental business operator with the purpose of civil engineering, construction, lease of real estate, and sale, and has been running a housing rental business since its registration as a rental business operator on December 12, 1994.

B. On March 30, 2001, the Plaintiff constructed 686 households in Nam-si I apartment (hereinafter “the apartment of this case”) (378 square meters in exclusive use area, 48.9060 square meters in exclusive use area, 59.2962 square meters in exclusive use area, 308 households in exclusive use area), and received a report on the terms and conditions as follows under civil petition No. 2217 against the Defendant. On March 31, 2001, the Defendant issued the report on the terms and conditions to the Plaintiff.

The lease period: The sale date from March 31, 2001 to March 30, 2002: The sale price shall be the arithmetic average of the constructors and the appraised values pursuant to Article 3-3 of the Enforcement Rules of the Rental Housing Act calculated in 2006.

However, even in this case, the pre-sale conversion price shall not exceed the amount calculated by deducting the depreciation costs during the rental period from the price of the relevant house calculated at the time of conversion for sale based on the construction costs of rental

Change of terms and conditions of lease shall be renewed every one year within the scope of increase under Article 7 of the Housing Lease Protection Act on the basis of the last

D. On November 1, 2016, the council of lessees’ representatives of the instant apartment complex comprised of lessees of the instant apartment complex applied for approval for conversion of rental housing for sale in lots pursuant to Article 21(5) of the former Rental Housing Act (wholly amended by Act No. 13499, Aug. 28, 2015; hereinafter “former Rental Housing Act”) (hereinafter “instant application”). On December 2, 2016, the Defendant approved conversion of rental housing for sale in lots (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 9, 16 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence 1 to 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is as follows.

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