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(영문) 수원지방법원안양지원 2014.07.09 2014가단100779
건물명도
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

1. Facts of recognition;

A. On October 16, 2003, the Defendant: (a) leased the real estate listed in the separate sheet (hereinafter “instant apartment”) between the Korea National Housing Corporation (established by the Korea National Housing Corporation and the Korea Land Corporation pursuant to Article 7 of the Addenda to the Korea Land and Housing Corporation Act enacted by Act No. 9706, May 22, 2009; and (b) the Plaintiff comprehensively succeeded to the property, claims, and other rights and obligations of the Korea National Housing Corporation pursuant to Article 8(1) of the Addenda to the same Act; (c) and the Plaintiff leased the real estate listed in the separate sheet (hereinafter “the instant apartment”), and (d) renewed the lease agreement every two years thereafter; and (e) subsequently, (e) renewed the lease agreement on November 24, 201; (e) KRW 16,702,00; (f) monthly rent 223,30 won; and (f) the lease agreement from December 1, 2011 to November 30, 2013.

(hereinafter “instant lease renewal contract”). B.

According to each lease contract prepared by the Plaintiff at the time of entering into the instant renewal contract with the Defendant every two years after the Plaintiff entered into the instant renewal contract, where a lessee has leased a rental house by fraud or other improper means, or where a lessee comes to own another house during the lease period, the lease contract may be terminated or the renewal of the lease contract may be refused (Article 10(1)1 and 7 of the General Conditions for Contracts).

C. Meanwhile, according to the Rules on Housing Supply, in a permanent rental house, only a homeless householder can move in (Article 31(1)), and in this context, the term “non-household” means a householder of a household, including the householder (including the householder’s spouse and a household member who forms the same household as the spouse of the householder not registered in the same resident registration card as the householder) who does not own a house.

(Article 2 (9) is set forth. (d)

When concluding the instant lease renewal contract, the Defendant and all members of the household to the Plaintiff.

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