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(영문) 인천지방법원 2016.07.06 2015가합60388
임대주택분양전환적격자확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 26, 2010, the Defendant, including the completion of C apartment, completed C apartments located in Yeonsu-gu Incheon Metropolitan City, a publicly constructed rental house.

The apartment complex is composed of each household with a national housing (an area of about 97 square meters or about 110 square meters) and each household with a private house (an area of supply is about 130 square meters or about 152 square meters).

B. On September 24, 2009, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 78,100,000, monthly rent of KRW 53,000, and the lease term of KRW 533,000, from April 1, 2010 to March 31, 2012 (the renewal from April 30, 2016).

C. The Plaintiff’s change of address made a move-in report on the instant apartment on December 2, 2010, the move-in report was made on July 6, 2012 to the “In Incheon Bupyeong-gu E, 102”, the move-in report on the instant apartment on December 31, 2013, the move-in report on the said apartment on March 10, 2014, the move-in report on the instant apartment on July 1, 2014, and the move-in report on the instant apartment on July 6, 2012 to December 30, 2013, and the said apartment house F was written as the Plaintiff’s domicile on the Plaintiff’s resident registration basis, not the instant apartment house from March 10, 2014 to June 30, 2014.

On November 9, 2015, the defendant decided to convert the apartment to parcelling-out in lots and to make a public announcement of the said apartment, among the above apartment units, publicly announced that the "non-resident who has resided in the relevant house from the date of occupancy to the date of conversion for sale in lots" pursuant to Article 21 (1) of the Rental Housing Act shall be eligible to be converted to sale in lots, the household moving to address, the house owner, and the person who violated the Rental Housing Act

E. The Defendant’s Plaintiff’s rejection of conversion for sale in lots applied for conversion for sale in lots in accordance with the said public announcement of conversion for sale in lots, but the Defendant on November 3, 2015.

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