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(영문) 의정부지방법원 2018.06.01 2017나214436

건물명도

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On October 30, 2008, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with co-Defendant B, setting the lease deposit amount of KRW 64 million, KRW 360,000 per month of rent, and the scheduled date of occupancy on August 201, with respect to the instant real estate, which is a rental housing (hereinafter “instant lease agreement”).

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

Article 6 (Prohibition against Lessee) The lessee shall be prohibited from performing the act falling under any of the following subparagraphs:

1. Where a lessee has committed an act falling under any of the following subparagraphs, such as transfer of the right of lease or sub-lease of the rental house in violation of the Rental Housing Act.

1. Where he transfers the right of lease of a rental house to another person or subleases the rental house in violation of Article 19 of the Rental Housing Act;

6. A lessor may renew the lease contract on a two-year basis with the lessee who maintains the qualifications for occupancy of national rental housing (such as the constituent members of a house without a house, asset holding standards, income standards, requirements for restricting the scale of a house on a single-household basis, etc.).

In such cases, the lessee shall accept the terms and conditions of lease, rent, etc. determined by the lessor and notify the lessor of his/her intention to renew the lease at least one month before the expiration of the lease period.

B. B subsequently transferred the right of lease, including the status of the purchase of the instant real estate, to C, and C again sublet the instant real estate to the Defendant around June 17, 2013.

C. In the event that the Plaintiff continues to reside against B at the expiration of the term of lease as 2014da5499, the Plaintiff entered into a renewal contract with B prior to the expiration of the term of lease, but fails to submit the renewal document.