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(영문) 서울고등법원 2016.03.18 2015나2036691

임대차보증금 등

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 28, 201, the Plaintiff entered into a lease agreement with the Defendant, setting the period of designation of occupancy from November 29, 201 to December 28, 201 (hereinafter “instant lease agreement”) with the Defendant on the deposit of KRW 85,00,000, monthly rent of KRW 430,000, and the lease period of the instant apartment (hereinafter “instant apartment”) with respect to the leased apartment (hereinafter “instant apartment”) of Suwon-si, Suwon-si, Suwon-si, Suwon-si, which the Defendant leased to a homeless person, by the end of the month following the end of the period of designation of occupancy, and entered into the instant apartment on December 15, 2011.

B. The provisions pertaining to the instant lease agreement are as follows.

Article 10 (Cancellation and Termination of Lease Contract) Where a lessee has committed any of the following acts, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:

7. Where a lessee or a person who belongs to such household, among the lease periods of public construction rental housing constructed with the approval of a project plan under the provisions of Article 16 of the Housing Act, owns another house or obtains a prize in another rental house: Provided, That this shall not apply where he/she disposes of the relevant house within six months from the date he/she is notified of the disqualified as a result of computer search because he/she owns another house due to inheritance, judgment, marriage, or other unavoidable reasons, or where he/she acquires the lease by the first-come-served method in accordance with the

Article 10 (Compensation for Illegal Residence) Where a lessee fails to order a lessor to order a rental house pursuant to Article 8 of the Special Conditions of the Contract until the date the lessee has to order the rental house, and where a life map or a renewal contract has not been concluded despite the expiration of the lease period prescribed in Article 2 of the Special Conditions of the Contract, the lessee shall order the house.