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(영문) 수원지방법원 2018.01.25 2016나71508
건물명도
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 January 26, 199, the Plaintiff (Korea National Housing Corporation prior to the merger) concluded a lease agreement on the instant apartment (hereinafter “instant lease agreement”) with B as the owner of the real estate indicated in the attached list of public rental housing units under the Rental Housing Act (hereinafter “instant apartment”).

B. The main contents of the instant lease agreement are as follows.

6. Where a lessee has committed an act falling under any of the following subparagraphs, the lessor may cancel or terminate this contract, or refuse to renew the lease contract:

2. In case where he transfers the right of lease of a rental house to another person or subleases the rental house in violation of Article 13 of the Rental Housing Act, if the said house falls under the rental house as prescribed in Article 9 (1) 2 and 3 of the Enforcement Decree of the Rental Housing Act, the lessor shall sell it under the following conditions:

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

7. Article 6 (Cancellation or Termination of Contracts) (1) of the Special Conditions for Contracts (1) If a lease contract is canceled or terminated due to reasons falling under any subparagraph of Article 10 of the General Conditions for Contracts, the lessee shall restore the rental house to the original state, order the lessor to do so within one month from the date of cancellation or termination of the lease, and pay all kinds of payments, such as rents and management expenses from the date of cancellation

Article 9 (Sale of Rental Housing) (1) When a lessor has carried out a sale of the said rental housing pursuant to Article 12 of the General Conditions of the Contract, the lessee shall receive such sale within the period designated by the lessor.

(2) In cases falling under paragraph (1), a person subject to preferential sale shall succeed to a lessee or rental house who has no house at the time of sale from the date of moving into a rental house to the date of sale.

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