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(영문) 대전지방법원 2019.10.10 2019가단105518
소유권이전등기
Text

1. The second preliminary claim among the lawsuit in this case shall be dismissed.

2. The plaintiff's primary and primary claims are all filed.

Reasons

1. Basic facts

A. 1) The Plaintiff was selected as an occupant on a first-come-served basis, and on August 10, 2012, the Plaintiff is a non-party C Co., Ltd. (hereinafter “non-party Co., Ltd.”).

from the public constructed rental house (five-year rental term) to the apartment of this case (hereinafter referred to as “instant apartment”).

(2) On December 5, 2017, the Defendant purchased the instant apartment from the non-party company and succeeded to the status of the rental business operator after completing the registration of ownership transfer on January 5, 2018.

After that, on September 13, 2018, the Plaintiff concluded a lease contract with the Defendant on the same terms and conditions as before.

The following provisions are specified in the lease contract concluded by the Plaintiff with the non-party company and the lease contract concluded with the Defendant (hereinafter collectively referred to as “instant lease contract”).

Article 6 (Prohibited Conducts in B) No person shall commit any of the following acts:

1. An act of transferring a right of lease or sub-leaseing a rental house to another person in violation of the Rental Housing Act (1) where the said house falls under the rental housing under Article 16 (1) 3 and 4 of the Rental Housing Act, a conversion to parcelling-out under the following conditions shall be made:

1. The conversion period for sale in lots of the foregoing housing shall be five years after the expiration of the initial period for designation of occupancy;

(If two years and six months have elapsed after the expiration of the initial period for designation of occupancy pursuant to Article 13(2)3 of the Enforcement Decree of the Rental Housing Act, it shall be possible to conversion to parcelling-out by agreement with Gap and Eul).

Provided, That where there is no provision in the announcement of invitation of residents, a special agreement shall be determined.

(3) A shall convert the said housing into parcelling-out under this Article.

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