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(영문) 서울고등법원 2017.12.22 2017나2040267
감정평가서 공개 청구
Text

1. Revocation of the first instance judgment.

The defendant is a stock company on April 15, 2016 with respect to the real estate stated in the attached Form to the plaintiff.

Reasons

1. Basic facts

A. The Defendant is a corporation established for the purpose of developing, leasing, etc. real estate, and as a corporation established for the purpose of the development, lease, etc. of real estate indicated in the attached Form (hereinafter “the instant apartment”). D apartment consisting of 32 units and 600 units in the Gu F site located in Yongsan-gu Seoul Metropolitan Government E (hereinafter “the instant apartment”).

(2) On February 27, 2009, the Plaintiff entered into a lease agreement with the Defendant for five years from the commencement date of the designation period of occupancy in the instant household (hereinafter “instant lease agreement”). The Plaintiff is a lease agreement with the Defendant for five years from the commencement date of the designation period of occupancy in the instant household.

AB concluded the agreement.

The contents of the instant lease agreement pertaining to the instant case are as follows.

D Apartment Lease Agreement

2. Date of contract: February 27, 2009;

5. Article 1 of the terms and conditions of the contract [Rental Deposit / Rent and Payment Method / Term] ① The defendant shall lease the real estate of this case to the plaintiff with the following terms and conditions of the contract:

Rental deposit: Monthly rent of KRW 1,637,400: The lease period of KRW 2,787,000: Five years from the commencement date of the occupancy designation period (special agreement matters) Article 2 [The conversion price for sale in lots] ① The conversion price for sale in lots at the expiration of two years and six months from the expiration date of the initial designation period of occupancy designated by the Defendant after completion shall be the arithmetic mean of the appraisal values of the Plaintiff and the appraisal corporation selected by the Defendant respectively.

(2) The conversion price for sale in lots after completion at the expiration of five years from the expiration date of the first designation period for occupancy designated by the Defendant shall be the arithmetic mean of the appraised values of the Plaintiff and the appraisal corporations selected by the Defendant

(3) In calculating the conversion price for sale in lots, an appraisal corporation selected respectively by the plaintiff and the defendant shall be selected from among the appraisal corporations with the highest sales in the year preceding evaluation standards.

Article 3 (Conversion for Sale in Lots of Rental Housing) (1) Defendant shall be as follows:

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