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(영문) 부산지방법원 동부지원 2018.10.23 2018가단205096
소유권이전등기
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is based on the sale on June 26, 2017.

Reasons

1. Basic facts

A. The Defendant, upon receiving support from the National Housing Fund around 2010, constructed D Apartment, which is a public rental house in Busan-gun C, Busan-gun.

B. (1) On October 26, 2010, the Plaintiff (A) leased the said apartment E (hereinafter “instant apartment”) from the Defendant (A) on five-year lease terms from the lease deposit 92 million won, and the lease term designation date (from March 31, 2012 to April 30, 2012). The main contents of the said contract are as follows:

(hereinafter referred to as the “instant lease contract”). Article 4 (Management Expenses and Fees) (1) B shall pay management expenses and user fees to the management entity designated by A or A by the deadline separately stipulated by a special agreement, and Article 6 (Prohibited Act) (hereinafter referred to as “prohibited Act”) shall not be permitted to engage in any of the following acts:

1. Article 12 (Conversion for Sale in Lots of Rental Housing) (1) Where the said housing falls under the rental housing under Article 16 (1) 3 and 4 of the Rental Housing Act, a conversion to sale in lots shall be made under the following conditions:

1. The conversion date of the above house for sale in lots shall be five years after the expiration of the initial period for designation of occupancy;

Article 15 (Special Agreement) (1) A shall pay management expenses and user fees pursuant to Article 4 (1) according to each of the following subparagraphs:

3. B shall pay an advance of the prescribed management expenses at the time of the payment of the balance, and the management entity shall offset the unpaid management expenses or refund them without interest, when B leaves the house with the above indication expenses.

(2) At the Defendant’s request, the Plaintiff increased the deposit to KRW 96.6 million on January 2013, and KRW 101,430,000 on January 22, 2016.

C. The Plaintiff’s resident registration change (1) was transferred to the instant apartment on January 17, 2012, and on September 29, 2014, the Plaintiff was located within the same apartment complex.

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