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(영문) 광주지방법원목포지원 2017.08.17 2016가합12040
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 249,285,266 and the interest rate of KRW 15% per annum from November 4, 2016 to the date of full payment.

Reasons

1. Basic facts

가. 피고는 2001. 3. 29. 전남 영암군 삼호읍 용앙리 390-1 대 15,179㎡ 지상에 퀸스빌아파트 3개동 498세대(이하 ‘이 사건 아파트’라 한다)에 대하여 임대주택으로 사업계획승인을 받아, 2006. 5. 25. 사용승인을 받은 후 임대주택법상 임대사업자로서 이 사건 아파트를 관리해왔다.

B. Around July 2014, the Defendant converted the instant apartment into a general housing that can be owned by the rental house.

The Plaintiff is an organization organized based on the Multi-Family Housing Management Act for the management of the instant apartment in accordance with the aforementioned conversion for sale in lots, and was transferred by the Defendant on May 27, 2016.

C. The apartment of this case is composed of 14 stories per 14 stories per 2 dong and 15 stories per 2 dong, and the exclusive use area of each household is 59.804§³.

On March 29, 2001, which is the date of approval for a housing construction project plan, the standard construction cost (from 11 stories to 15 stories, area for exclusive use by its occupant by its occupant by its occupant by its occupant by its occupant by its occupant by its occupant by its occupant by its occupant by its occupant by its occupant) is 577,200 won

The housing supply area of the instant apartment 498 households is 50,455.0126 square meters in total.

E. On July 29, 2016, the Defendant paid KRW 50 million to the Plaintiff as part of the special repair reserve fund.

F. The laws and regulations relating to the instant case are as follows:

[Gu Housing Construction Promotion Act] Article 33 (Approval of Business Plan, Building Permission, etc.) (1) Any person who intends to construct housing of more than the number of units as prescribed by the Presidential Decree, or to create housing sites exceeding the size prescribed by the Presidential Decree, shall prepare a

The same shall also apply to the modification of a project plan (excluding modification of minor matters prescribed by Ordinance of the Ministry of Construction and Transportation).

【former Rental Housing Act (wholly amended by Act No. 6176 of Jan. 12, 2000, hereinafter “former Rental Housing Act”).

[2] Article 17 (Management of Rental Housing) (1) The Presidential Decree shall apply to rental business operators.

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