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(영문) 서울고등법원 2015.12.18 2015누41908
징계처분취소
Text

1. Revocation of a judgment of the first instance;

2. The disposition that the Defendant rendered to the Plaintiff on July 28, 2014 was revoked for two months of business suspension.

3.

Reasons

1. Basic facts

A. The circumstances leading to the conversion of D apartment to sale in lots (hereinafter “D apartment” in this case) located in Yongsan-gu Seoul, Yongsan-gu, Seoul, is an apartment complex consisting of 32 units newly built in the old K site and 600 units, and is a private rental housing as stipulated in Article 2 of the Rental Housing Act, and the Korea Ssporo Co., Ltd. (hereinafter “Lessor”) newly constructed the instant apartment and started to lease it to occupants (hereinafter “Lessees”) from January 201.

(2) In principle, private construction rental housing under the Rental Housing Act may be converted for sale in lots at the lapse of five years from the date of commencement of lease, and where the lessor and lessee have agreed, it may be converted for sale in lots after two years and six months from the date of commencement of lease.

On January 201, 201, a lessor and a lessee of the instant apartment at the time of the commencement of lease, agreed to the effect that “The conversion for sale in lots shall be made after the lapse of two years and six months after the commencement of lease, and the price of the conversion for sale in lots shall be the arithmetic mean of the appraisal prices at which the lessor and lessee request the appraisal, and the appraisal corporation whose appraisal may be requested by both parties shall be the large corporation within the upper ten level of sales.

③ On August 2013, when two years and six months have elapsed from January 201, 201, a lessor notified that he/she would make a conversion to sale in lots to lessees who consent to conversion to sale in lots. On August 13, 2013, the lessor requested the Plaintiff in charge and the Plaintiff in charge (hereinafter “B”) to conduct an appraisal of the apartment of this case for calculating the conversion price in lots.

B. On August 30, 2013, the Plaintiff’s appraisal and assessment (B) submitted a written appraisal and assessment to the lessor.

(2) A lessee is not more than the upper 10th tier of sales under the agreement for sale in lots. (3) A lessee is not more than the upper 10th tier of sales under the agreement for sale in lots.

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