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(영문) 수원지방법원 2017.07.20 2016가단48675
건물명도
Text

1. The defendant shall receive KRW 72,270,000 from the plaintiff, and at the same time, shall be the real estate stated in the attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. On December 23, 2003, the Defendant leased the real estate listed in the separate sheet (hereinafter “instant apartment”) in the Rental Housing Act, which is a rental house, from the Daeg Construction Co., Ltd. (hereinafter “Magwon Construction”) by setting the lease deposit amount of KRW 30,00,000, and the lease term of November 30, 2003 to November 29, 2004.

(hereinafter “instant lease agreement”). After that, the Defendant had renewed the instant lease agreement with large-scale mining construction, and on December 19, 2014, the lease deposit was finally changed to KRW 72,270,000.

B. Article 10 of the instant lease agreement provides for the cancellation and termination of a lease agreement as follows.

Article 10 (Cancellation and Termination of Lease Contract) (1) Where a defendant commits an act falling under any of the following subparagraphs, he/she may cancel or terminate this contract, or refuse to renew the lease contract:

2. Where he transfers the right of lease of a rental house to another person or subleases such rental house in violation of Article 13 of the Rental Housing Act.

C. On August 4, 2016, the Plaintiff purchased the instant apartment from Gwangju Construction, and completed the registration of ownership transfer with respect to the said apartment on August 26, 2016.

On October 25, 2016, the Plaintiff sent to the Defendant a certificate that contains an expression of intent to terminate the instant lease agreement on the grounds of unlawful transfer, etc., but the said certificate was returned, and thereafter, a copy of the complaint of this case, including the Plaintiff’s termination of the instant lease agreement and the declaration of intent to seek the evacuation of the instant apartment, was served on the Defendant on November 25, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 3, the purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserted that the defendant did not actually reside in the apartment after the conclusion of the instant lease contract and sublet the above apartment to B.

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