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(영문) 수원지방법원 안산지원 2018.04.27 2017가단64241
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

Facts of recognition

A. On January 18, 1999, the Korea National Housing Corporation (Law No. 9706, May 22, 2009; hereinafter referred to as the “Plaintiff”) concluded a lease agreement (hereinafter referred to as the “instant lease agreement”) that leases buildings listed in the attached list (hereinafter referred to as the “instant apartment”) to B, and around that time, delivered the instant apartment to B.

B. Since January 24, 2003, the defendant agreed to acquire the status of tenant of the instant lease agreement between the plaintiff and B, and received the delivery of the instant apartment at that time.

C. The apartment house in this case is scheduled to be converted for sale in lots after the five-year rental term expires as a publicly constructed rental house under the Rental Housing Act.

On the other hand, the main contents of the instant lease agreement are as follows.

6. Where Article 10 (Cancellation and Termination of Lease Contracts) (1) of the General Conditions in the Contract (referring to a tenant; hereinafter the same shall apply) "B" (referring to a tenant; hereinafter the same shall apply) commits any of the following acts, "A" (referring to a plaintiff; hereinafter the same shall apply) may cancel or terminate this contract, or refuse to renew

8. Where the obligations under this standard lease agreement are violated, Article 12 (Sale of Rental Housing) "A" shall sell the said housing in accordance with the following conditions if it falls under the rental housing under Article 9 (1) 2 and 3 of the Enforcement Decree of the Rental Housing Act (referring to that prior to the partial amendment by Presidential Decree No. 16910, Jul. 22, 2000):

1. The sale time of the above house shall be five years after the expiration of the first designation period for occupancy;

7. When "A" under Article 9 (Sale of Rental Housing) of the Special Conditions for Contract (Sale of Rental Housing) 1 of the General Conditions for Contract has been implemented by Article 12 of the General Conditions for Contract, "B" shall be sold in lots within the period designated by "A".

The plaintiff is the apartment complex of this case including the defendant around December 2006.

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