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(영문) 서울남부지방법원 2015.07.23 2014나55579
건물명도
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. From around 1995, the Plaintiff leased the real estate listed in the attached list, which is the publicly constructed rental housing under Article 2 subparagraph 1 of the Enforcement Decree of the Rental Housing Act (hereinafter “instant apartment”) to the deceased A (the husband of the Defendant, who died on January 29, 2015; hereinafter “the deceased”) and renewed the lease every two years. On June 19, 2013, the Plaintiff entered into a lease renewal agreement with the deceased by setting the lease deposit amount of KRW 2,648,00, monthly rent of KRW 54,350, monthly rent of KRW 54,350, and period of lease from July 1, 2013 to June 30, 2015 (hereinafter “instant lease renewal agreement”). The provisions related to the rescission of the lease agreement as follows:

5. Where a lessee has committed any of the following acts, the lessor may cancel or terminate this contract, or refuse to renew the lease contract:

1. Where he has rented a rental house by falsity or other illegal means; and

7. Where he/she owns another house during the lease contract period of public construction rental housing constructed with approval for a project plan under Article 16 of the Housing Act;

6. The lessee entitled to lease on the housing above Article 1 (Qualifications of Lessee) of the Special Conditions for Contracts is limited to a person who falls under any of the following subparagraphs as prescribed by the Rules on Housing Supply:

1. Article 9 (Payment of Rent, etc. following Cancellation or Termination of Lease Contract) (1) In the event that a lease contract is canceled or terminated due to a cause falling under any subparagraph of Article 10 of the general conditions of the lease, the lessee shall specify the rental house to the lessor within one month from the date of cancellation or termination of the lease contract, and pay the rent, management fee, etc. from the date of cancellation or termination to the date of clearly stipulated lease;

B. The Deceased, while entering into the instant lease renewal contract, shall be all members of the household including the Deceased and his spouse.

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