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The judgment below
Of the plaintiffs J, L,O, V, X, AA, BH, BN,CC, CD, CI, CR, and CT are reversed. This part is reversed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs and supplementary appellate briefs not timely filed).
1. As to the Defendant’s ground of appeal
A. According to Article 21 of the former Rental Housing Act (amended by Act No. 11021, Aug. 4, 2011; hereinafter the same shall apply), where a rental business operator sells rental housing constructed with funding from the National Housing Fund under Article 60 of the Housing Act or built on a housing site developed by a public project after the expiration of the mandatory rental period after obtaining approval for a business plan pursuant to Article 16 of the Housing Act, he/she shall first sell the relevant rental housing to tenants falling under any subparagraph of paragraph (1) of the same Article ( Paragraph (1) of the same Article (hereinafter referred to as "market, etc."), a rental business operator who intends to convert the above constructed rental housing into parcelling-out shall file an application for conversion into parcelling-out with the head of Si/Gun/Gu (hereinafter referred to as "market, etc.") along with the documents prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs (paragraph (3) of the same Article), and if a lessee fails to comply with conversion into parcelling-out for sale for six months or more after
(7) In addition, Article 13(1) of the Enforcement Rule of the Rental Housing Act (hereinafter “Enforcement Rule”) provides that a person who intends to apply for approval for conversion for sale in lots pursuant to delegation of Article 21(3) of the former Rental Housing Act shall submit an application in attached Form 13 to the Mayor, etc. along with the list of lessees who do not wish to be sold, documents proving the fact that he/she does not wish to purchase in lots, such as a certificate of renunciation of sale, and the above application form shall be supplied.