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(영문) 춘천지방법원강릉지원 2016.10.12 2015가단22744

건물명도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On October 27, 2011, the Plaintiff announced the recruitment of the apartment of this case, which is a national rental housing, and the public announcement of the recruitment requires that the same household be homeless in the capacity of lessee.

B. On June 19, 2012, the Defendant entered into a lease agreement on the instant apartment (hereinafter “instant lease agreement”) with the Plaintiff, and thereafter is residing in the said apartment from that time to that time.

C. instant lease agreement

5. Under Article 10(1)1 of the General Terms and Conditions of the Contracts (Cancellation and Termination of Lease Contracts), “Where a lessee has leased a rental house by fraud or other improper means,” and Article 10(1)9 of the same Act provides that a lessor may cancel or terminate this contract, or refuse to renew the lease contract.

6. Article 15 (Other Matters not specified in this Agreement) of the Special Conditions for Contracts provides that “The Rental Housing Act and the Rules on Housing Supply shall be governed by the relevant laws and regulations of rental housing” and the relevant laws and regulations shall be as follows:

[Attachment Housing Act (Act No. 11242) (1) Standards for the terms and conditions of lease, such as qualifications, methods of selection, lease deposit, rent, etc. of lessee of rental housing, shall be prescribed by Presidential Decree.

[Enforcement Decree of the Rental Housing Act (Presidential Decree No. 23752)] Article 19 (Qualification for and method of selection of a lessee of a rental house) (1) of the Act, the qualifications for and method of selection of a lessee of a publicly constructed rental house constructed after obtaining approval for a business plan under Article 16 of the Housing Act among constructed rental housing pursuant to Article 20 (1) of the Act shall be governed by Ordinance of the Ministry

[Rules on Housing Supply] Article 2 (Definitions) (1) The definitions of terms used in these Rules shall be as follows:

9. “Non-Housing Owner”.