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(영문) 서울중앙지방법원 2017.08.30 2015가합26851
소유권이전등기 등
Text

1. All of the lawsuits filed by the plaintiff (the preliminary counterclaim defendant) against the defendant B and C corporation shall be dismissed.

2...

Reasons

Basic Facts

Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) is a corporation established for the purpose of developing, leasing, etc. real estate, which implements a project to build and sell a F apartment (hereinafter referred to as “instant apartment”) comprised of 32 units and 600 households in the old E University Site located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu.

Defendant B (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) are trust companies that completed the registration of ownership transfer with respect to the instant apartment in accordance with the trust agreement with Defendant A.

The Plaintiffs are tenants who concluded a lease agreement on the apartment of this case with Defendant A.

[Attachment G (Attachment No. 52) was deceased on June 27, 2017 and transferred the network G, which is its heir, to a "Plaintiff" regardless of whether it was before or after the death of the network G] The conclusion of the instant contract, such as the conclusion of the contract, shall be made by the Defendant A to avoid applying the "sale price ceiling" which was enforced under the former Housing Act (amended by Act No. 8852, Feb. 29, 2008) as at the time of September 207. In order to avoid the application of the "sale ceiling," which was enforced under the former Rental Housing Act (amended by Act No. 9541, Mar. 25, 2009; hereinafter the same shall apply), the instant apartment was to be "private rental housing construction" under Article 2 of the former Rental Housing Act (amended by Act No. 9541, Aug. 28, 2015; hereinafter the same shall apply). It shall be possible for the lessee to rent it to the private lessee for a certain period from the date of rent.

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