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1. The Defendants shall be paid KRW 2,659,400,000 from the Plaintiff and shall be recorded in the attached list to the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff, a corporation established for the purpose of real estate development, lease, etc., is a company that executed the business of building and selling E-family apartment (hereinafter “instant apartment”) composed of 32 Dongs and 600 households in the old site located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu.
(2) On April 22, 2009, between the Plaintiff and the Plaintiff, the Defendants entered into a lease agreement with the lease deposit of KRW 2,272,50,000, monthly rent of KRW 3,869,00, and five years from the starting date of the designation period for occupancy of the instant real estate (hereinafter “the lease agreement of this case”).
The contents of a special agreement related to the instant lease agreement are as follows.
Article 2 (Transfer Price) (1) The sale conversion price at the time when two years and six months have elapsed from the expiration date of the first occupancy designation period designated by us after the completion of construction shall be the arithmetic mean of the appraisal values of the plaintiff and the defendant selected respectively.
(2) At the expiration of five years from the expiration date of the first occupancy designation period designated at us after completion, the pre-sale conversion price shall be the arithmetic mean of the appraisal values of the Plaintiff and the Defendant selected respectively.
(3) In calculating the conversion amount for sale in lots, an appraisal corporation selected by a lessor and a lessee respectively shall be selected from among appraisal corporations within the upper ten level of sales in the year preceding the evaluation criteria.
Article 3 [Re-sale of Rental Housing in Lots] (1) The plaintiff shall make a conversion to the defendant under the following conditions:
1. It shall not be converted for sale in lots unless five years have elapsed from the expiry date of the designation period for initial occupancy of the housing in question;
Provided, That where 1/2 of the mandatory rental period under Article 13 (2) of the Enforcement Decree of the Rental Housing Act has elapsed, the plaintiff and the defendant agreed to conversion the relevant rental house into parcelling-out.