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(영문) 대전지방법원 2020.09.11 2019나121962
소유권이전등기
Text

The judgment of the first instance shall be revoked.

The plaintiff's primary and preliminary claims are all dismissed.

The plaintiff's total costs of litigation.

Reasons

1. Basic facts

A. Notice of invitation of invitation 1) A Co., Ltd. (hereinafter “C”).

(2) On July 12, 2012, upon receiving the National Housing Fund’s subsidy, the Sejong Special Self-Governing City constructed D Apartments, a publicly constructed rental house, G, G, Sejong Special Self-Governing City. (2) On July 12, 2012, C posted “Public Rental Notice” with the following contents:

(The above public notice shall be given from the Multifunctional Administrative City Construction Agency pursuant to Article 8 of the Rules on Housing Supply [Public Notice for Invitation of Residents]: The period of lease: Five years, and the period of lease converted for sale after the expiration of the period of lease (the period of lease obligation under Article 13(2)3 of the Enforcement Decree of the Rental Housing Act can be converted for sale after the lapse of 1/2 of the period of lease obligation under Article 13(2)3 of the Enforcement Decree of the Rental Housing Act): From the first day of the month following the 1st of the month following the end of the period in which the initial period of lease designation belongs (the period of lease of the relevant house becomes more than 1/2 after the commencement of lease under Article 13(2)3 of the Enforcement Decree of the Rental Housing Act, which can be converted for sale after the lease and the lessee enter into a conversion of the relevant rental house):

On August 11, 2012, the Plaintiff concluded a lease agreement with the lease deposit of KRW 172 million and the mandatory lease period of KRW 5,00,000 with respect to the real estate listed in attached Table 1 (hereinafter “instant apartment”).

C. On December 5, 2017, the Defendant purchased the instant apartment from C on December 5, 2017, and completed the registration of ownership transfer on January 5, 2018, and succeeded to the status of the rental business operator. (2) On September 13, 2018, the Plaintiff entered into a lease agreement on the same terms and conditions as the Defendant’s transfer.

The term "standard lease contract of this case" concluded by the plaintiff with C and "standard lease contract of this case" with the defendant.

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