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(영문) 서울서부지방법원 2017.12.15 2016가단19988
건물인도
Text

1. The defendant is paid KRW 605,600,000 from the plaintiff and at the same time, the building listed in the attached list is added to the plaintiff.

Reasons

1. The plaintiff is a corporation established for the purpose of developing, leasing, etc. real estate, and carries out the business of constructing and selling E apartment buildings with 32 Dongs and 600 households (hereinafter "the apartment buildings of this case") on the D site located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu. The apartment buildings of this case as "private rental housing" in order to avoid the application of the "sale price ceiling", which was enforced around September 2007, shall be leased to the buyers, but the apartment buildings of this case shall be leased to the buyers under the conditions that can be converted for sale after a certain period of time, and the housing construction project plan was approved by the Yongsan-gu Seoul Metropolitan Government Office on May 29, 200

On August 28, 2009, the Plaintiff entered into a contract with the Defendant on the lease deposit amounting to KRW 538,300,000, monthly rent, KRW 673,000, and the lease period of the instant apartment as “five years from the starting date of the designation period for occupancy”.

The terms and conditions of the foregoing special agreement (hereinafter referred to as the “instant special agreement”) are as follows with respect to the conversion of the building in lots in the instant building:

Article 2 [The Conversion Price for Sale in Lots] (1) At the expiration of two years and six months from the expiration date of the first occupancy designation period designated by us after completion, “A” refers to the Plaintiff, and “B” refers to the Defendant.

(hereinafter the same shall apply)

The calculation shall be based on the arithmetic average of the appraisal values of an appraisal corporation selected by the division "B".

(2) The pre-sale conversion price at the time of conversion for sale in lots at the expiration of five years from the expiration date of the first designation period for occupancy designated by us after completion shall be the arithmetic mean of the appraised values of the appraisal corporations selected by "A" and "

(3) In calculating the amount converted for sale in lots, an appraisal corporation selected respectively by a lessor and lessee shall be selected from among appraisal corporations within the upper 10 radius of sales in the year preceding evaluation standards.

(4) Individual conversion for sale in lots.

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