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1. Revocation of a judgment of the first instance;
2. [Attachment] that the Plaintiff is eligible for conversion to sale of real estate in lots.
Reasons
1. Recognizing facts, the following facts are not disputed between the Parties, or are recognized by comprehensively considering the overall purport of the pleadings in each entry of Gap evidence Nos. 1, 2, 10, 11, and Eul evidence Nos. 1 to 4, including each number.
[1] On September 24, 2009, the Plaintiff entered into a contract with the Defendant for the lease of real estate (hereinafter “instant apartment”) stated in the “C Apartment” among the publicly constructed rental houses located in Yeonsu-gu Incheon Metropolitan City D.
In the above lease contract, the lease deposit amount of KRW 78,100,000, KRW 533,000 per month, and the lease period of KRW 533,00 from April 1, 2010 to March 31, 2012 was set up, and the lease period was extended to April 30, 2016.
[2] Before leasing the instant apartment, the Plaintiff also referred to as “Seoul Bupyeong-gu E and 2” (hereinafter “102”). The address prior to the change to the road name address was operating a store with the trade name “G” (hereinafter “instant store”). However, the instant store is located in the H market.
On December 2, 2010, after about eight months from April 1, 2010 when the above lease term of the apartment of this case began, the Plaintiff made a move-in report to the apartment of this case, and thereafter made a move-in report to the apartment of this case or the store of this case. The Plaintiff’s domicile was changed as shown below on the resident registration of this case.
The number of days of residence on the resident registration as of March 25, 2002 to December 1, 2010 - The apartment house of this case from December 2 to July 5, 2012 from July 5, 2012 to July 5, 2012 from July 6, 2012 to December 30, 2013 of the instant apartment house of this case from December 31, 2013 to March 69, 2014 from March 10 to June 30, 2014 of the instant apartment house of this case from March 13, 2014 to June 13, 2014 / [3] the said apartment house of this case is to be converted for sale in lots from July 1, 2014 to July 1, 2015.