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(영문) 서울서부지방법원 2017.12.19 2016가단19933
건물인도
Text

1. The defendant shall receive KRW 2,659,400,000 from the plaintiff, and at the same time, shall be the building listed in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. On April 22, 2009, the Plaintiff newly constructed and sold D apartment units (hereinafter “instant apartment units”) which are a private construction rental house with a total of 32 units, 600 units, and D apartment units (hereinafter “instant apartment units”). On April 22, 2009, the Plaintiff concluded a lease agreement including the following special terms and conditions with the Defendant as to the instant apartment units (hereinafter “instant building”).

On the other hand, the occupancy designation period was commenced on January 31, 2011.

Article 2 (Price of Sale Conversion) (1) At the expiration of two years and six months from the expiration date of the first period of occupancy designation designated by the Plaintiff after completion, the pre-sale conversion price shall be the arithmetic mean of the appraisal values of the Plaintiff and the appraisal corporations selected by the Defendant.

(2) The conversion price for sale in lots after completion at the expiration of five years from the expiration date of the first designation period for occupancy designated by the Plaintiff shall be the arithmetic mean of the appraised values of the Plaintiff and the appraisal corporations selected by the Defendant

(3) In calculating the conversion price for sale in lots, an appraisal corporation selected respectively by the plaintiff and the defendant shall be selected from among the appraisal corporations within the upper 10 sphere of sales in the year

Article 3 (Conversion for Sale in Lots of Rental Housing) (1) The plaintiff shall make a conversion to the defendant under the following conditions:

1. It shall not be converted for sale in lots unless five years have elapsed from the expiry date of the designation period for initial occupancy of the housing in question;

(Provided, That where 1/2 of the mandatory rental period under Article 13(2) of the Enforcement Decree of the Rental Housing Act has elapsed, the Plaintiff and the Defendant reported to the head of Si/Gun/Gu under the conditions as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs after consultation on the conversion of the relevant rental housing into parcelling-out under the said rental housing, and

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