Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. During Ansan-si, the former B apartment (hereinafter “instant apartment”) is a rental apartment leased to a homeless household owner in accordance with the Rental Housing Act and the Rules on Housing Supply.
B. On December 1993, the Plaintiff entered into a lease agreement with the Defendant that sets the lease deposit amount of KRW 23,040,000, monthly rent of KRW 115,000, and the lease term of the instant apartment (hereinafter “the instant lease agreement”) as “20 years from the expiration date of the first occupancy designation period” (hereinafter “the instant lease agreement”) and occupied the instant rental house on November 1, 1996.
(B) On September 1, 201, the Plaintiff prepared a standard lease agreement with the Defendant to increase the lease deposit amount of the instant rental housing amount to KRW 29,272,00, monthly rent to KRW 138,600 and to renew the lease period every one year.
C. On the other hand, on May 15, 2016, the Defendant is called “Trihae Housing Development Co., Ltd.” (hereinafter referred to as “Trihae Housing Development”).
to sell the rental housing of this case to 235,000,000 won, and to the same year
7.4. The registration of ownership transfer has been made in the name of Samhae Housing Development.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (if there are additional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The lease period of the instant rental house asserted by the Plaintiff was 20 years, and the Defendant agreed to sell the instant rental house to the Plaintiff at the pre-sale conversion price under the Rental Housing Act after the lapse of the said period, but did not implement it, thereby infringing the Plaintiff’s right to purchase the instant rental house by selling the instant rental house to third-sea housing development
The mandatory rental period of the instant rental housing is five years, and the period has elapsed.