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(영문) 서울고등법원 2017.04.13 2016나2028055
임대차보증금
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 June 30, 201, the Defendant is a public corporation established under the Korea Land and Housing Corporation Act to acquire, develop, stockpile and supply land, construct and manage housing, etc. (hereinafter “instant construction”) on June 30, 201.

C) No. 715,905 (hereinafter “instant apartment”) in the event that the Defendant sold public rental housing from the instant construction to the public rental housing.

(1) The term of a lease agreement stipulating that the lease deposit is KRW 71,00,000, monthly rent of KRW 429,680, and the lease term is determined from November 29, 201 to December 31, 2013, which is the occupancy date of the lease term (hereinafter “instant lease agreement”).

After entering into the instant lease agreement, on June 30, 201 and November 25, 2011, the Corporation paid the sum of KRW 71,000,000 to the lease deposit under the instant lease agreement, and thereafter occupied the instant apartment on November 29, 2011. Meanwhile, the content of the instant lease agreement is as follows: (i) in the event the Defendant fails to pay monthly rent for at least three consecutive months, the instant construction may immediately terminate the instant lease agreement; and (ii) in the event that the Defendant fails to pay monthly rent, the lessee of the rental house under Articles 19 and 19 of the Rental Housing Act transfers the lease right (including sale, donation, and all other acts subject to the alteration of the right, but excluding inheritance.

(2) No person shall be allowed to transfer or sublease a rental house to another person: Provided, That in cases prescribed by Presidential Decree, where a rental business operator’s consent has been obtained, such transfer or sub-lease may be permitted. In the event of transfer or sub-lease of a rental house in violation of subparagraph (2), there was a provision that the instant construction may cancel or terminate the instant lease contract, or refuse to renew the lease contract. (2) Thereafter, the Defendant shall make the lease deposit between the instant construction and the instant construction on December 16, 2013

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