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(영문) 광주지방법원순천지원 2015.12.08 2012가단5876
소유권이전등기말소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Lease contract 1 on the apartment of this case ) Sung-ho Construction Co., Ltd. is a rental business operator under the Rental Housing Act, and all of the households of the D apartment located in Mineyang-si C (hereinafter “D apartment”).

A) After completing the registration of preservation of ownership on July 7, 1998, a lessee was recruited. Of them, an apartment as stated in the separate sheet (hereinafter “instant apartment”).

(2) On June 28, 2010, Sungho Construction Co., Ltd. leased the Plaintiff. (2) sold the apartment of this case to Marrale, 2010, and completed the registration of ownership transfer on July 9, 2010, and MMeu succeeded to the status of the Plaintiff as the lessor against the Plaintiff.

B. In accordance with Article 21(4) of the former Rental Housing Act (amended by Act No. 10463, Mar. 9, 2011; hereinafter “former Rental Housing Act”), on November 3, 2010, the Mineyang market issued a disposition of approval for conversion for sale in lots for sale in lots to 900 households, including the instant apartment, (hereinafter “instant disposition of approval for conversion in lots”).

C. On November 25, 201, the conclusion of the instant sales contract was completed on November 25, 201 by selling the instant apartment to the Defendant and completing the registration of ownership transfer on the 30th of the same month.

(hereinafter referred to as “the instant sales contract” and “the instant registration of ownership transfer” in sequence D.

1) 125 of the D apartment lessees (not including the plaintiff)

(1) On January 31, 2011, the instant disposition of approval for conversion for sale in lots was filed against Gwangju District Court on the following grounds: (a) lack of documents attached to the application for approval; (b) calculation of conversion for sale in lots; (c) violation of a rental business operator’s duty; (d) absence of agreement on the composition of the council of lessees’ representatives; and (e) violation of the terms and conditions for conversion for sale in lots; and (e) filing an administrative litigation seeking revocation thereof with Gwangju District Court (Seoul District Court Decision 2011Guhap433 Decided November 24, 201; and (e) Gwangju High Court

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