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(영문) 수원지방법원 2017.03.09 2016가단517331
건물명도
Text

1. The Plaintiff, Defendant A and B, and Defendant C and D, each of the real estate listed in the separate sheet No. 1, and the real estate listed in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. On November 16, 201, the Plaintiff, as the owner of each real estate listed in the separate sheet Nos. 1 and 2, which is a public rental apartment, leased real estate listed in the separate sheet No. 1 (hereinafter “instant apartment”) to Defendant A with the lease deposit of KRW 106,00,000, monthly rent of KRW 700,000 (hereinafter “instant lease contract”); on the same day, the Plaintiff leased real estate listed in the separate sheet No. 2 (hereinafter “instant apartment”) to Defendant C as above.

(hereinafter “instant second apartment contract”). Of the terms and conditions of each of the instant lease contracts, the part related to the instant case is as follows. After that, Defendant A was delivered with the instant apartment around December 16, 2013, and Defendant C received delivery of the instant second apartment around December 6, 2013, respectively.

(Defendant A shall be prohibited from performing any of the following acts on December 20, 2013; Defendant C shall complete each move-in report on January 3, 2014). Article 6 (Prohibited Conduct by Lessee) shall not be prohibited from doing any of the following acts:

1. Where a lessee has committed an act falling under any of the following subparagraphs, such as transfer of the right of lease or sub-lease of the rental house in violation of the Rental Housing Act.

2. Where he transfers the right of lease of a rental house to another person or subleases such rental house in violation of Article 19 of the Rental Housing Act.

(b) No lessee of a rental house under Article 19 of the former Rental Housing Act (including sale, donation, and all other acts resulting from the alteration of a right, but excluding inheritance) or a lessee of a rental house under the relevant Acts and subordinate statutes or Article 19 of the former Rental Housing Act (wholly amended by Act No. 13499, Aug. 28, 2015; hereinafter the same shall apply) shall transfer the right of lease (including sale, donation, and all other acts resulting from the alteration of

Provided, That it shall be prescribed by Presidential Decree.

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