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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 16, 2014, the Plaintiff (CB) was selected as an occupant on a first-come-served basis, and entered into a lease agreement with D (hereinafter “D”) to lease the real estate (five years of the mandatory rental period) in the attached list, which is a public construction rental housing (five years of the lease term), with the deposit for lease deposit amount of KRW 172 million, and paid the deposit for the lease deposit to D, and completed the move-in report on the instant apartment on December 12, 2014.
B. On December 5, 2017, the Defendant purchased the instant apartment from D and succeeded to the status of the rental business operator after completing the registration of ownership transfer on January 5, 2018.
On September 14, 2018, the Plaintiff entered into a lease agreement with the Defendant on the same terms and conditions as before.
The standard lease contract entered into with D and the standard lease contract entered into with the defendant are specified as follows:
Article 6 (Prohibited Conduct of “B” (hereinafter referred to as “Plaintiff”) shall not engage in any of the following conduct:
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 (hereinafter referred to as the "Defendant or D") Article 12 (Conversion and Qualification of Rental Housing) (1) "A" (hereinafter referred to as the "Defendant or D") shall make a conversion for sale in lots according to the following conditions, if the said house falls under the rental housing under Article 16 (1) 3
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, the sale-sale price for the said rental house can be converted to parcelling-out by agreement with Party A and Party B).
Provided, That where there is no provision in the public announcement, a special agreement shall be determined.
3. Where “A” sells the said housing in lots pursuant to this Article.