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1. All of the lawsuits filed by the Plaintiff (Counterclaim Defendant) against Defendant B shall be dismissed.
2. The plaintiff (Counterclaim defendant).
Reasons
Basic Facts
Defendant A, as a corporation established for the purpose of developing, leasing, etc. real estate, was implementing a project to build and sell G apartment housing comprised of 32 units, 600 units (hereinafter “instant apartment”) on the Gu F site located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu.
Defendant B is a trust company that has completed the registration of ownership transfer on part of the apartment of this case according to a trust agreement with Defendant A.
The Plaintiffs are tenants who concluded a lease agreement on the apartment of this case with Defendant A.
Defendant A, including the conclusion of the instant contract, intended to avoid the application of the “sale price ceiling” under the former Housing Act (amended by Act No. 8852 of Feb. 29, 2008), which was enforced at the time of September 207, with a view to avoiding the application of the “sale price ceiling” under the former Housing Act (amended by Act No. 8852 of Feb. 29, 2008), the apartment of this case was “private rental housing” as stipulated in Article 2 of the former Rental Housing Act (repealed by the Special Act on Private Rental Housing, and amended by Act No. 9541 of Mar. 25, 2009; hereinafter the same shall apply) and leased it to buyers for a certain period (in principle, rental housing can be converted for sale after five years from the date of its mandatory lease, and in case of private rental housing construction under Article 16(1)4 of the former Rental Housing Act and Article 13(1) and (2)3 of the Enforcement Decree of the same Act, the Yongsan-gu Seoul Metropolitan Government, upon approval for sale in lots from 20.
On February 2, 2009, Defendant A entered into a lease contract with respect to each of the instant apartment units (hereinafter “instant contract”) with the buyer, respectively, setting the lease period for each of the instant apartment units as “five years from the commencement date of the occupancy designation period” (hereinafter “instant contract”). The Plaintiffs are real estate for each of the Plaintiffs in the attached Table 4.