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(영문) 전주지방법원 군산지원 2018.07.24 2015가단9290
분양절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Defendant decided to construct and lease a C apartment house, a public constructed rental house (hereinafter referred to as the “instant apartment house”) on the ground of 37,512 square meters (D district) in Gunsan-si, and around March 20, 2002, approved the recruitment of occupants on the instant apartment house from the Gunsan-si, and announced the invitation of residents around that time.

On December 18, 2012, the Plaintiff entered into a lease agreement with the Defendant on 204 dong 201 on the instant apartment, and entered into a lease agreement again on April 4, 2014 after the expiration of the period.

Although five years have elapsed since the period of lease of the instant apartment, the Defendant did not file an application for approval for conversion for sale in lots. The lessees of the instant apartment around 2013 constituted a sale promotion committee and applied for approval for conversion of rental housing for sale in lots to the military market on October 14, 2013 with the consent of at least 2/3 of the total number of lessees. From the military market on November 27, 2013, regarding the remainder of 1,174 (including the Plaintiff household) excluding the 12 households from the instant apartment on November 27, 2013, and obtained approval for conversion of rental housing for sale in lots for the foregoing 12 households on June 17, 2014.

(hereinafter referred to as “approval for conversion for sale in lots”). Around April 2014, the Defendant publicly announced a notice on the conversion for sale in lots on May 27, 2014, setting the expiration date of the period of conversion for sale in lots, along with the fact that the Defendant obtained approval for conversion for sale in lots from

(hereinafter referred to as “the First Notice for Sale Conversion”). The main contents of the above notice are as follows:

4. Time schedule of a contract for conversion to sale in lots (2) - May 21, 2014: 201 Dong 201 and 202 Dong - May 22, 2014: 203 Dong 204 and Dong 204 Dong - May 23, 2014: 205 Dong 205, 206 Dong 207 Dong - 207 Dong - May 26, 2014 to May 27, 2014: Uncontractor - (6) - Uncontractor - When the contract for conversion to sale in lots is not concluded within the period of entering into a contract under paragraph (2) , i.e., when the contract for conversion to sale in lots is concluded.

5. Matters to be converted for sale in lots - The apartment complex concerned shall be a complex, the rental period of which expires.

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