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(영문) 춘천지방법원원주지원 2013.12.12 2013가합1057
소유권이전등기
Text

1. The Defendant’s “sale conversion price” in the attached list from Plaintiff B, C, D, F, G, H, I, J, K, L, and M is the corresponding description.

Reasons

1. Basic facts

A. On June 25, 2001, the Defendant obtained the approval of the housing construction project plan from the original city and constructed 460 households, which are public rental housing, on the N of the original city, on the N of the original city. On March 5, 2005, the occupancy date was set as July 2005.

The Plaintiffs entered into a lease agreement (hereinafter “each of the instant lease agreements”) with the Defendant as to each of the relevant households listed in the separate sheet “an indication of the real estate” (hereinafter “each of the instant rental housing”).

B. As of June 30, 2010, the Defendant did not file an application for a conversion for sale in lots for at least six months after five years, which was the mandatory rental period for each of the instant rental housing, and the Defendant did not file an application for a conversion for sale in lots. On November 19, 201, the Plaintiffs organized a council of lessees’ representatives, which requested the head of the original state Mayor to select an appraisal institution for calculating conversion for sale in lots. On March 22, 2012, based on the appraisal results by the Korea Appraisal Board and the appraisal institution, which is an appraisal institution selected by the original state Mayor, applied for a conversion for sale in lots

Therefore, the original state Mayor approved the conversion of each of the instant rental housing units on May 4, 2012, and the conversion price for each of the instant rental housing units is as stated in the separate sheet.

C. Meanwhile, the provisions of the laws and regulations relating to the instant case are as follows.

The purpose of this Act is to promote the construction of rental housing and to stabilize the residential life of the people by prescribing matters necessary for the construction, supply and management of rental housing and the housing rental business under Article 1 of the Rental Housing Act (Amended by Act No. 10463, Mar. 9, 2011; hereinafter referred to as the "Act").

The definitions of terms used in this Act shall be as follows:

6. The term "conversion for sale in lots" means selling rental housing to any person other than a rental business operator;

Article 21 (Preferential Conversion for Sale in Lots of Constructed-Rental Housing)

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