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(영문) 인천지방법원 2018.02.13 2016나59518

건물명도

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. On December 17, 2004, the Plaintiff, as the owner of the real estate indicated in the attached list of the public rental housing units under the Rental Housing Act (hereinafter “instant apartment”), entered into a lease agreement with A, setting the lease term of five years for the instant apartment (hereinafter “instant lease agreement”).

B. The main contents of the instant lease agreement are as follows.

5. Where a lessee has committed any of the following acts, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:

1. Where he has rented a rental house by falsity or other illegal means; and

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.

3. Where the occupancy has not been delayed within three months from the date on which the lease period began: Provided, That this shall not apply where the occupancy is delayed due to any cause attributable to the lessor

4. Where the rent is in arrears for at least three consecutive months;

5. Where a rental house and its incidental facilities are reconstructed, expanded or altered without the consent of a lessor or used for any purpose other than its original purpose;

6. Where a lessee intentionally destroys or destroys a rental house and its incidental facilities;

7. Where he owns another house during the term of lease of the publicly constructed rental house constructed with approval for a business plan under the provisions of Article 16 of the Housing Act: Provided, That this shall not apply to cases where he owns another house due to inheritance, judicial judgment, marriage, etc., or other unavoidable reasons, and cases where he acquires the right of lease on a first-come, first-served basis as prescribed by the Rules

8. In other cases where the obligations under this standard rental contract are violated, the lessor under Article 12 (Sale of Rental Housing) shall Article 9 (1) 2 and 9 (1) 2 of the Enforcement Decree of the Rental Housing Act.