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(영문) 대구지방법원 2017.04.19 2016가단128633
건물명도
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in the attached list, and on September 1, 2016 to the completion date of delivery, from September 1, 2016 to the completion date of delivery.

Reasons

1. On February 27, 2014, the Plaintiff, on which February 27, 2014, determined and leased an apartment building listed in the attached Table, which is a national rental housing subject to the Special Act on Public Housing (hereinafter “instant apartment”) to the Defendant as KRW 21,014,00, monthly rent of KRW 142,630, and the contract term of the contract from March 1, 2014 to February 29, 2016.

(hereinafter “instant lease agreement”). The special terms and conditions of the instant lease agreement stipulate as follows:

Article 1 (Renewal of Lease Contract) (1) A lessor may renew a lease contract on a two-year basis with a lessee who maintains his/her eligibility to move into a national rental house.

(2) Notwithstanding paragraph (1), if a lessee exceeds an income standard among the qualifications for occupancy of national rental housing, the lessor may renew the lease with a rental deposit and rent calculated by applying the premium rate specified in the Acts and subordinate statutes of rental housing.

However, a lessee whose income exceeds the standard prescribed by the Rental Housing Act and subordinate statutes shall be removed within six months from the date of termination of the lease contract.

Article 8 (Payment of Rent, etc. Following Cancellation or Termination of Lease Contract) (1) Article 10 of the General Conditions of Contracts Article 10 of the General Conditions of Contracts provides for cases where a lessor or lessee may cancel or terminate a lease contract, or refuse to renew a lease contract.

If a lease contract is canceled or terminated due to the prescribed reasons, the lessee shall order the lessor to cancel or terminate the lease contract within one month from the date of cancellation or termination of the lease.

(2) A lessor and a lessee may cancel or terminate this contract for reasons other than those under any subparagraph of Article 10(1) and (2) of the General Conditions of the Contract.

Provided, That after the date of occupancy of a rental house, the lessor shall enter the date six months prior to the date on which the lessee should specify the house, and the lessee shall enter the date on which the lease period expires one month prior to the date on which the lessee intends to order the house to the lessor.

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