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(영문) 수원지방법원 2018.05.31 2017나15741

건물명도

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall receive KRW 72,270,000 from the plaintiff at the same time.

Reasons

1. Basic facts

A. On January 6, 2004, the Defendant leased real estate listed in the attached Form (hereinafter “instant apartment”) which is a privately constructed rental housing (hereinafter “the instant apartment”) at the time of lease from the Daeg Construction Co., Ltd. (hereinafter “Mag Lease”) to November 29, 2004, the lease deposit amount of KRW 30,000,000 and monthly rent of KRW 260,000 from November 30 to November 29, 2004

(hereinafter “instant lease agreement”). B.

After that, the Defendant continued to renew the instant lease agreement, and paid the increased lease deposit for several times to broadband Construction, thereby making the total lease deposit of the instant lease agreement KRW 72,270,000.

Article 6 (Prohibited Conducts in this Case; hereinafter the same shall apply) No person shall commit any of the following acts:

1. In case where he transfers the right of lease or subleases the rental house to another person in contravention of the provisions of the Rental Housing Act (1) In case where he commits an act falling under any of the following subparagraphs subparagraph (a) of Article 10 (Cancellation and Termination of Lease Contract) (1), A (hereafter the same shall apply) may cancel or terminate this contract, or refuse to renew it:

2. Where a lessee transfers a right of lease of a rental house to another person or subleases a rental house in violation of the provisions of Article 13 of the Act, Article 11 (Refund of Rental Deposit) (1) A shall be refunded at the same time as B orders the house are issued to him as the contract is terminated, terminated, or terminated.

Article 12 (Sale of Rental Housing) (2) In the event that Party A sells the above house to another rental business operator (hereinafter “sick”) pursuant to Article 9(2)1 of the Enforcement Decree of the Rental Housing Act, the fact that Party A succeeds to Party A’s status as the rental business operator in the concurrent sales contract shall be specified in the

C. Of the instant lease agreement, the part relating to the issues of the instant case is as follows.

At the time of concluding the instant lease agreement on January 6, 2004, the Defendant is only the principal and his lineal family members on the instant apartment.