(영문) 대전지방법원 2019.09.18 2018가합108609

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(영문) 대전지방법원 2019.09.18 2018가합108609

우선 분양전환 적격 지위확인

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1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendants, with the approval of the project plan for the publicly constructed rental housing and the invitation of occupants, decided to construct H apartments, which are the publicly constructed rental housing (hereinafter “instant apartments”), on the G ground of Sejong Special Self-Governing City, with the approval of the project plan for the publicly constructed rental housing around February 2013; and the public announcement of the invitation of occupants was made on March 29, 2013; and the special supply and general supply was completed on April 25, 2013, respectively.

B. 1) The Plaintiffs concluded a lease agreement with the Defendants on a first-come-served, first-served and first-served basis, and renewed the agreement on each of the instant real estate on two occasions as listed below (hereinafter “instant lease agreement”).

(1) On June 23, 2016, 200, 194, 750,000 2 B on June 21, 2013, 2013, 194, 750, 750,003 C on June 17, 2017, 201, 193, 17, 173 real estate No. 3 of the instant case on June 25, 2017, 2017, 17, 173, 70,000, 2003 C on June 25, 2017, 2017, 17, 2004D on June 23, 2013, 204, 2004D on the first lease agreement (hereinafter the same shall apply to the Defendants’ first lease agreement as in the instant case.

Article 11 [Conversion for Sale in Lots of Rental Housing] ① The period for sale in lots of the said housing shall be 2.5 years from the first day of the initial period for the designation of occupancy in the said housing (the period of mandatory lease shall be five years, but the period of mandatory lease under Article 13(2)3 of the Enforcement Decree of the Rental Housing Act may be converted for sale in lots at the lapse of 1/2 of the period of compulsory lease). ② The standard for calculating the conversion price of the said rental housing shall be governed by Article 2 of this special agreement, which is stipulated in the public announcement of tenant recruitment. Article 2 of the special agreement provides for the following: (i) the timing of

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