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(영문) 인천지방법원 2015.04.29 2013가단237262

건물인도등 청구

Text

1. The Defendants jointly deliver to the Plaintiff the real estate listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. On July 22, 2005, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A on the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant lease agreement”) (the main contents of the instant lease agreement are as follows.

Article 6 (Prohibited Acts of Defendant A) Defendant A shall not commit any of the following acts:

1. An act of transferring the right of lease or sublet the rental house to another person in violation of the provisions of the Rental Housing Act (1) In case where Defendant A commits an act falling under any of the following subparagraphs, the Plaintiff may cancel or cancel this contract, or refuse to renew it:

2. Where he transfers the right of lease of a rental house to another person or subleases such rental house in violation of Article 13 of the Rental Housing Act.

B. The instant real estate is a public rental housing unit for a five-year period, and on June 30, 2007, Defendant A entered into an apartment sales contract with Defendant B without the Plaintiff’s consent on June 30, 2007 with the term of lease, and Defendant B received and occupied the instant real estate from Defendant A after delivery.

Sales proceeds: The name map of the apartment under Article 3 of the above apartment of KRW 72 million is July 23, 2007.

this apartment house is a leased apartment, so the seller and the buyer shall not have any house, and on September 2007, the seller shall submit the company documents located in the Sungnam-gu Seoul Special Metropolitan City in his employment to the Housing Corporation (Plaintiff) so that all rights can be succeeded to by the buyer, and at the time of the buyer's request, a condition that a later promissory note shall be notarized.

C. On the other hand, the Plaintiff’s instant lease agreement terminated on July 31, 201 and terminated on July 1, 201, and around October 18, 201, to Defendant A with respect to the instant real estate.