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(영문) 창원지방법원마산지원 2019.11.27 2019가단105583
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Determination on the cause of the claim

A. 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 1 to 6:

1) The Plaintiff may supply pre-paid rental housing (a) under Article 2 subparag. 1 (a) of the Special Act on Public Housing and Article 2(1)7 of the Enforcement Decree of the Special Act on Public Housing (hereinafter “pre-paid rental housing support projects”) to low-income families, such as recipients under the National Basic Living Security Act, young people, and new family members, etc. who leased existing housing after receiving financial support from the State or local governments, or from the Housing and Urban Fund, and

2) On April 7, 2010, the Plaintiff: (a) selected the Defendant as the object of the support project for the leased housing; and (b) leased the instant housing from B and C, a co-owner of the building listed in the separate sheet (hereinafter “instant housing”); and (c) leased the instant housing in KRW 29,000,000 without rent (hereinafter “mortgaged lease agreement”); and (d) thereafter, the instant obligatory lease agreement continues to be renewed and remains at present.

(However, in the course of the renewal of the contract, the lease deposit has been increased to KRW 34,00,000). 3) On April 7, 2010, the Plaintiff entered into the obligatory lease contract of this case on April 7, 2010 and leased the instant house to the Defendant on April 16, 2010 by setting the monthly rent of KRW 45,910 and the lease term of the instant house from April 16, 2010 to April 15, 2012 (hereinafter “instant lease”).

) The instant lease agreement was renewed until the time the instant lawsuit was filed (However, during the process of the renewal of the contract, the lease deposit increased to KRW 34,000,000.

4) Article 9(8) of the instant lease agreement provides that if a lessee (the Defendant) fails to repay a loan from the National Housing Fund, the Plaintiff (the lessor) may cancel the instant lease agreement.

5 The Plaintiff on February 2016.

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