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(영문) 수원지방법원 2018.05.24 2017나11947
건물명도
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall receive KRW 88,320,000 from the plaintiff at the same time.

Reasons

1. Facts of recognition;

A. On July 8, 2003, the Defendant: (a) leased the real estate listed in the separate sheet (hereinafter “instant apartment”) on the leased housing (hereinafter “the instant apartment”) from the Daedae Construction Co., Ltd., Ltd. (hereinafter “Large Construction”); (b) from November 30, 2003 to November 29, 2004, the lease deposit amount of KRW 35 million; and (c) monthly rent of KRW 325,000 (hereinafter “the instant lease agreement”); and (d) continued to renew the said lease agreement, the lease deposit that was paid for the Large scale Construction is KRW 88,320,000.

B. The contents of the instant lease agreement are as follows.

Article 8 (Prohibited Conducts in this Case; hereinafter the same shall apply) No person shall commit any of the following acts:

1. In case where he transfers the right of lease or subleases the rental house to another person in contravention of the provisions of the Rental Housing Act (1) In case where he commits an act falling under any of the following subparagraphs subparagraph (a) of Article 10 (Cancellation and Termination of Lease Contract) (1), A (hereafter the same shall apply) may cancel or terminate this contract, or refuse to renew it:

2. Where a lessee transfers a right of lease of a rental house to another person or subleases a rental house in violation of the provisions of Article 13 of the Act, Article 11 (Refund of Rental Deposit) (1) A shall be refunded at the same time as B orders the house are issued to him as the contract is terminated, terminated, or terminated.

Article 12 (Sale of Rental Housing) (2) In the event that Party A sells the above house to another rental business operator (hereinafter “sick”) pursuant to Article 9(2)1 of the Enforcement Decree of the Rental Housing Act, the fact that Party A succeeds to Party A’s status as the rental business operator in the concurrent sales contract shall be specified in the

C. On January 13, 2016, as regards the F apartment (hereinafter “instant apartment complex”) including the instant apartment from the Sungsung City (hereinafter “instant apartment complex”).

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