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(영문) 수원지방법원 2018.04.13 2017가단539666
건물명도(인도)
Text

1. The Defendants shall order the Plaintiff to name the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a lease agreement with Defendant A and the Plaintiff on the real estate listed in the separate sheet of publicly constructed rental house owned by the Plaintiff (hereinafter “instant apartment”), and Defendant A resided in the instant apartment since December 2013.

On February 19, 2016, the Plaintiff renewed the lease contract with Defendant A on the instant apartment (hereinafter “instant lease contract”); and Article 10 (Cancellation and Termination of Lease Contract) (1) Where a lessee commits any of the following acts under the said contract, the lessor may cancel or terminate this contract, or refuse to renew the lease contract:

2. Article 19 of the former Rental Housing Act (wholly amended by the Special Act on Private Rental Housing, Act No. 13499, Aug. 28, 2015) provides that “A lessee of a rental house shall neither transfer (including sale, donation, and all other acts resulting from the alteration of a right, but excluding inheritance) the right to lease nor sublet the rental house to another person: Provided, That in cases prescribed by the Presidential Decree and where a rental business operator’s consent has been obtained, he/she may transfer or sublet the rental house.” Article 49-4 of the Special Act on Public Housing also provides that “A lessee of a rental house may transfer or sublet the rental house to another person in violation of the same provision.”

B. Around September 2016, the Plaintiff conducted a survey on the actual status of residents of the instant apartment, and there was no goods owned by the Defendant A in the said apartment and only goods owned by the Defendant B.

C. On September 23, 2016 and October 10, 2016, the Plaintiff submitted explanatory materials related to the fact-finding survey to Defendant A and constitutes a sublease under the relevant statutes and the instant lease agreement pursuant to Article 10(1)2.

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