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(영문) 수원지방법원 성남지원 2018.09.04 2017가단225892
임차권존재확인 청구의 소
Text

1. The lease contract on the real estate stated in the attached list has against the plaintiff (a counterclaim defendant).

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 5, Eul evidence Nos. 1, 3, and 4 (including a serial number).

On March 8, 2007, the Plaintiff entered into a lease agreement with the Korea National Housing Corporation (the Defendant comprehensively succeeded to the rights and obligations of the Defendant after the establishment of the Defendant), setting the rental deposit amount of the instant real estate, which is a publicly constructed rental house, KRW 56,640,00, monthly rent of KRW 394,00, and the scheduled occupancy date of September 2009 and the lease period of two years.

B. From October 1, 2015 to September 30, 2017, the Plaintiff entered into a renewal contract with the Defendant with the terms of KRW 99,693,00, and KRW 225,020 (hereinafter “instant lease contract”). The said lease contract included the following terms and conditions.

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

7. Where he/she owns another house during the lease period of the publicly constructed rental house constructed with approval for a project plan under Article 16 of the Housing Act: Provided, That this shall not apply where he/she disposes of the relevant house within six months from the date he/she was notified of the disqualified person as he/she owned another house due to inheritance, judgment, marriage, or any other unavoidable cause or event, and where he/she acquired the right of lease on a first-come-served basis pursuant to Article 10

Article 1 (Renewal of Lease Contract) A lessor shall make a conversion into sale of rental housing units by the time of conversion into sale of rental housing units, which meets the requirements for occupancy prescribed by the Rental Housing Act and subordinate statutes.

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