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(영문) 창원지방법원 밀양지원 2018.05.08 2016가단13477
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. E Co., Ltd. (hereinafter “E”) refers to public rental housing under Article 2 subparag. 2 of the former Rental Housing Act (amended by Act No. 8966 of Mar. 21, 2008) and Article 2 subparag. 1 of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 20849 of Jun. 20, 2008) to F, public rental housing, public rental housing, public rental housing, public rental housing, public rental housing, public rental housing, public rental housing, public rental housing, public rental housing, public rental housing, public rental housing, public rental housing

The G Apartment apartment (hereinafter referred to as the “instant apartment”) approved the housing construction project plan and was approved by the head of the Gun on October 13, 2009 for the invitation of occupants of the instant apartment.

The main contents of the public announcement of the invitation of occupants are as follows:

Time of conversion of conditions for conversion for sale in lots (lease period): Five years from the date of initial designation of occupancy.

(hereinafter omitted) Standards for calculation of pre-sale conversion price: The average price calculated between the construction cost and the appraisal value under the Rental Housing Act.

B. The pre-sale conversion price shall not exceed the amount calculated by deducting depreciation costs during the lease period from the price of the relevant house calculated at the time of conversion for sale in lots based on the building cost of leased housing and housing site cost (hereinafter “calculated price”).

Persons eligible for preferential sale at the time of conversion for sale in lots shall be governed by Article 21 of the Rental Housing Act and Article 22 of the Enforcement Decree of the same Act. April 30, 2010 scheduled date of occupancy (the date of definite occupancy shall be later notified)

B. On October 14, 2009, the non-party company announced the invitation of occupants and recruited occupants from October 19, 2009 to October 21, 2009, but it was impossible to recruit occupants with the priority set forth in the invitation of occupants, and thus, the non-party company was recruited first-come, first-served.

C. On March 25, 2014, the Plaintiff: (a) entered into a lease agreement with the non-party company and the non-party company on the instant apartment No. D (exclusive use area of 50.9867 square meters) in response to the first-come-come-served recruitment, and (b) went out of the dwelling area; and (c) on March 25, 2014, KRW 50

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