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(영문) 창원지방법원마산지원 2019.07.10 2019가단102164

건물명도(인도)

Text

1. Of the three floors of the building listed in the attached Table 1 list to the Plaintiff, the Defendant indicated in the attached Form 2 Map 1, 2, 3, 4, 5, 6, 7, 8, and 1.

Reasons

1. Determination on the cause of the claim

A. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 6:

1) The Plaintiff may supply pre-paid rental housing (a) under Article 2 subparag. 1 (a) of the Special Act on Public Housing and Article 2(1)7 of the Enforcement Decree of the Special Act on Public Housing (hereinafter “pre-paid rental housing support projects”) to low-income families, such as recipients under the National Basic Living Security Act, young people, and new family members, etc. who leased existing housing after receiving financial support from the State or local governments, or from the Housing and Urban Fund, and

2) On September 14, 2018, the Plaintiff selected the Defendant as the object of support project for rent-to-rent housing. On September 14, 2018, between B and the Defendant, the owner of the building listed in the attached Table 1, the Plaintiff entered into a contract with B on the deposit amount of KRW 55 square meters (hereinafter referred to as “instant housing”) in sequence with each point listed in the attached Table 2 Map 1, 2, 3, 4, 5, 6, 7, 8, 1 among the three floors of the building listed in the attached Table 1 list, and between B and the Defendant, the Plaintiff entered into a contract with the Defendant on the deposit amount of KRW 50,00,000, monthly rent of KRW 100,000, from October 11, 2018 to October 10, 2020.

3) Upon entering into the above contract, the Plaintiff subleases the instant house to the Defendant with a monthly rent of KRW 59,00 and the sublease period from October 11, 2018 to October 10, 2020 (hereinafter “instant sublease contract”).

(4) However, as of October 11, 2018, the Defendant did not pay a monthly rent from October 11, 2018, and as of March 27, 2019, the Defendant’s monthly rent.