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| TITLE | Supreme Court en banc Decision 2009Da97079 Decided April 21, 2011【Registration of Transfer of Ownership Right, etc.】 [full Text] |
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| Summary | |
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[1] Where a lessor disclosed a pre-sale conversion price standard in its tenant notice, and relevant laws such as the Rental Housing Act were revised before the legal relationship on the pre-sale conversion of leased housing ended, whether the revised and enforced law apply to such legal relationship (affirmative in principle) [2] Whether provisions regarding the standard for calculating pre-sale conversion price under the relevant laws such as the former Rental Housing Act must be mandatorily applied (affirmative), and whether a pre-sale agreement concluded based on a pre-sale conversion price exceeding the calculated standard price is valid (i.e., the excessive amount is invalid) [3] Where a lessor alleged that it concluded a lease agreement with tenants before the enforcement of the former Rental Housing Act and agreed on the leased housing construction cost, and that the pre-sale agreement was thus valid as it was concluded by calculating the pre-sale conversion price based on the construction cost, the case holding that the aforementioned laws should apply since the legal relationship on pre-sale conversion of leased housing ended following the enforcement of the relevant laws, despite the fact that the pre-sale agreement was concluded before the enforcement, and that the aforementioned pre-sale agreement was invalid to the extent that it exceeds the calculated standard pre-conversion price, so long as the provisions on pre-sale conversion price calculation standard are mandatory under the relevant laws [4] Meaning of “building expense” as the basis for calculating pre-sale conversion price of leased housing pursuant to Article 3-3(1) [Attachment Table 1] of the former Enforcement Rule of the Rental Housing Act (i.e., actual building expense within the scope of standard building expense) [5] Where the Korea National Housing Corporation (“KNHC”) built public rental housing units on its own development site, the criteria for calculating the development site expense which is reflected in the pre-sale conversion price of public rental housing |
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