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(영문) 수원지방법원 안산지원 2018.12.19 2017가단51832
건물명도(인도)
Text

1. The defendant A is a building listed in paragraph 1 of the attached Table 1 building list, and the defendant B is a building listed in paragraph 2 of the attached Table 1 building list.

Reasons

1. Facts [Grounds for Recognition] Defendant 1.

2. The defendant: Facts without any dispute, entries in Gap 1, 3, and 4 (including virtual numbers), and the purport of the whole pleadings;

3. through 3.

8.: Under the former Rental Housing Act (amended by Act No. 6167, Jan. 12, 200; hereinafter the same), the Korea National Housing Corporation (i.e., the Korea National Housing Corporation and the Korea Land Corporation were merged on Oct. 1, 2009 and established by the Plaintiff; hereinafter the same shall apply) (i.e., “Plaintiff, regardless of whether it was before or after the merger”), which is a public rental housing construction on the land of G, I and J (hereinafter “the apartment of this case”).

① On February 22, 1999, the Plaintiff entered into a lease agreement with M as to the buildings listed in paragraph (1) of the attached Table 1, and as to the buildings listed in paragraph (2) of the same Table.

② The Plaintiff concluded each lease agreement with each lessee listed in the table Nos. 3 through 5 attached Table 2 (hereinafter “each lessee of this case, including L and M”) to lease each of the relevant buildings listed in the same table (N and the contract date shall be January 23, 199; P and P shall be February 26, 199).

At the time of each of the instant lease agreements, the Plaintiff and each of the instant lessees may not transfer the right of lease (including all acts accompanying the sale, donation and other changes of rights, but excluding inheritance) to another person or sublet the rental house to another person: Provided, That this shall not apply in cases prescribed by the Presidential Decree, where a rental business operator’s consent has been obtained. In cases where a lessee transfers the right of lease of a rental house to another person or sublets the rental house in violation of the provisions of Article 10(2) of the Rental Housing Act, the lessor’s creditor, who is the lessor, may cancel or terminate the said contract, or refuse to renew

Each lessee of this case shall have the right to lease each of the apartment complexes mentioned in paragraph (2) against the Defendants.

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