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(영문) 서울고등법원 2017.06.27 2016나2063119

임대차 갱신계약 절차이행청구의소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. Basic facts

A. On May 29, 2006, the Plaintiff entered into a lease agreement with the Defendant (the Korea National Housing Corporation prior to the change) on the lease of public construction housing (hereinafter “instant rental housing”) with the terms of lease deposit of KRW 141,140,00,00, monthly rent of KRW 582,00, monthly rent of KRW 580, and the term of lease from September 16, 2009 to September 30, 201 (hereinafter “the instant initial lease agreement”). On September 26, 2013, the Plaintiff renewed the lease agreement and renewed the lease agreement to the end of 196,682,00 (including conversion of KRW 43,00,000,000), and each of the instant lease agreements renewed the lease agreement from September 34, 207, 204 to 3015 (hereinafter “the first lease agreement”).

B. On July 2, 2009, after the conclusion of the initial lease agreement of this case, Eul, the plaintiff's husband and his husband, and Eul, the plaintiff's fraudulent act, the plaintiff's husband and the plaintiff's husband, had completed the registration of transfer of ownership under C and E's joint name on the ground of sale and purchase on May 16, 2009 with respect to the F apartment and 305 Dong 701 (hereinafter "the house owned of this case"), and transferred the resident registration with D (the 2007 children) as the house owned of this case on July 13, 209.

C. C along with D, transferred resident registration on February 19, 2014 during the period of the instant renewal contract, and E on March 24, 2014 to the instant rental housing, and thereby C, D, and E became a member of the Plaintiff’s household.

C and E had completed the registration of ownership transfer to a third party on the ground of sale and purchase as of May 25, 2015 with respect to the instant owned house during the instant period of the instant renewal contract on July 27, 2015, and C and D transferred their resident registration from the instant rental housing to Sungnam-si G building at Sungnam-si and 916 Dong 503, respectively on July 27, 2015.

E. On August 20, 2015, the Defendant was on July 30, 2015 to the Plaintiff.