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(영문) 수원지방법원성남지원 2019.12.11 2019가단208914

손해배상(기)

Text

1. The Defendant’s KRW 150,5340,000 and as to the Plaintiff, 5% per annum from August 19, 2009 to July 30, 2019, and the following.

Reasons

1. Basic facts

A. On June 5, 2006, the Defendant entered into a lease agreement with the Korea National Housing Corporation (former Korea Land and Housing Corporation; hereinafter “SP”) to lease deposit deposit money of KRW 5,644,00 (the contract deposit amount of KRW 1.3 million, the balance of KRW 4,534,00) and monthly rent of KRW 394,00,00.

(2) The lessee of a rental house under the foregoing lease contract and Article 19 of the former Rental Housing Act (wholly amended by Act No. 13499, Aug. 28, 2015) (limited to the sub-lease of a rental house) may not transfer the right of lease (including sale, donation, and all other acts resulting from the change of the right, but excluding inheritance) to another person or sub-lease the rental house to another person.

Provided, That in cases prescribed by Presidential Decree, where a rental business operator's consent is obtained, such transfer or sublease may be made.

Article 21 (Preferential Conversion for Sale in Lots of Constructed Rental Housing) (1) Where a rental business operator sells publicly constructed rental housing constructed after obtaining approval for a project plan under Article 16 of the Housing Act after the expiration of the period of mandatory rental, he/she shall conversion it into parcelling-out in lots

1. A lessee who has resided in the relevant rental house from the date of occupancy to the date of conversion for sale in lots;

2. A lessee who has occupied a constructed rental house and has resided at the time of conversion for sale in lots in cases where he/she owned another house due to inheritance, judgment, or marriage, and who has become homeless due to the disposal of such house;

3. A lessee who has received the right of lease under the proviso to Article 19 and has resided therein at the time of conversion for sale in lots from the date of transfer.

4. Where an occupant is selected by a first-come-served method, the conversion for sale in lots shall be made.