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(영문) 수원지방법원 2013.05.03 2012나43710

건물인도 등

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In accordance with Article 16 of the former Housing Act (amended by Act No. 7959 of May 24, 2006), the Plaintiff obtained approval of the project plan for the construction of the publicly constructed rental house from the Minister of Construction and Transportation, and made a public announcement of the invitation of occupants on March 28, 2006 with the approval of the invitation of occupants, and newly constructed D apartment with four units of 266 units on the C block on the ground of the B B housing site development zone, which is a public housing site.

B. On May 23, 2006, the Plaintiff’s lease deposit and monthly rent under the lease contract as of 246,940,00 won, monthly rent of 593,00 won, and 10 years from the expiration date of the initial designation period of occupancy, and as of the end of each month from the expiration date of the lease contract, are the lease deposit and monthly rent of the lease contract under the lease contract under the lease contract under the lease contract as of the end of each month. The former Rental Housing Act (amended by Act No. 8015 of September 27, 2006), the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 19975 of March 27, 2007), the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 19975 of March 27, 200), the standard rental deposit and standard rent (amended by the Ministry of Construction and Transportation No. 2004-70 of April 2, 2004).

(hereinafter “instant lease agreement”) was concluded.

C. On January 9, 2009, the Defendant paid the Plaintiff the full amount of the deposit for lease under the instant lease agreement, and received the instant house, and thereafter, paid the rent of KRW 593,000 per month.

(1) Meanwhile, the Defendant’s establishment of the instant lease agreement between the Plaintiff and the Defendant around 2009 is without the Defendant’s consent.