logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2017.07.14 2016누23295
분양전환승인처분 취소의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. L Co., Ltd. (hereinafter referred to as “L”) is a rental business operator who constructs K Apartment (hereinafter referred to as “instant apartment”) which is a publicly constructed rental house of 90 households (49.14m2, 556m2, 59.075m2, 434m2, 49.14m2, 49.14m2, 59.075m2, 59.4m2) on the land of 5m2, Busan Seo-gu, Busan, with the funding from the National Housing Fund with the funding of the National

(1) The term “Plaintiffs International Assets Trust Co., Ltd.” (hereinafter “Plaintiffs International Assets”) means 107, 2401, 2401, 201, and Plaintiff International Assets Trust Co., Ltd. (hereinafter “Plaintiffs International Assets”).

) The Plaintiff is a current or former owner of 41 households, including 101 Dong 701 (No. 11, 2014), Plaintiff B is 101 Dong 2203 (No. 25, 2014), Plaintiff C is 107 Dong 1103 (No. 30, 2014), Plaintiff D is a lessee of the instant apartment. The Defendant joining the Defendant is a lessee of the instant apartment.

B. On March 17, 2015, the “council of lessees’ representatives of the K apartment (hereinafter “instant council of lessees’ representatives”) comprised of the lessees of the instant apartment, filed an application for approval for conversion of the sale of rental housing (hereinafter “instant application”) with the Defendant 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”) with respect to the non-sale housing units among the instant apartment units (hereinafter “instant application”).

C. On April 20, 2015, pursuant to Article 21(4) of the former Rental Housing Act, the Defendant: (a) granted approval for conversion of rental housing (hereinafter “instant disposition”) to the 414 households among the instant apartment units (i.e., 101 Dong 52 households, 102 Dong 86 households, 103 Dong 104 Dong 62 households, 104 Dong 64 households, 105 Dong 107 Dong 555 households, 107 Dong 45 households, and 54 Dong 64 households; and the club value of the relevant household as indicated in attached Table 1).

[Ground of recognition] dispute.

arrow