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(영문) 서울중앙지방법원 2017.09.15 2016가합566
소유권이전등기 등
Text

1. The plaintiff (the preliminary counterclaim defendant)'s lawsuit against the defendant in Rose Trust Co., Ltd., and Korea Trust Co., Ltd.

Reasons

1. Basic facts

A. The status of the parties 1) The defendant Hanpoi Co., Ltd. (hereinafter “Defendant Hanpoi”)

A) A corporation is established for the purpose of developing, leasing, etc. real estate, which consists of 32 units and 600 households in the Gu F site located in Yongsan-gu Seoul Metropolitan Government E (hereinafter “instant apartment”).

(2) A trust company and Defendant Korea Korea Trust Co., Ltd. (hereinafter “Defendant Korea Trust”) are trust companies that have completed the registration of ownership transfer regarding the instant apartment in accordance with the trust agreement between Defendant Han-man and the seller.

3) The Plaintiffs are tenants who entered into a lease contract on the instant apartment with Defendant Han-do. (B) The Defendant Han-do At the time of September 2007, for the purpose of avoiding the application of the “sale price ceiling”, which was enforced under the former Housing Act (amended by Act No. 8852, Feb. 29, 2008), the instant apartment is to be “private rental housing” as stipulated in Article 2 of the former Rental Housing Act (amended by Act No. 9541, Mar. 25, 2009; hereinafter the same). The Plaintiff leased it to the buyer for a certain period of time (Article 16(1)4 of the former Rental Housing Act; Article 13(1) and (2)3 of the Enforcement Decree of the same Act; Article 13(2) of the former Enforcement Decree of the same Act (amended by Act No. 8852, Feb. 29, 2008; hereinafter the same).

2 The defendant Hanpool on February 2009

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