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(영문) 인천지방법원부천지원 2016.04.07 2015가단112476
건물명도
Text

1. The Plaintiff:

A. Defendant A’s real estate listed in the separate sheet No. 1;

B. Defendant B shall provide the real estate listed in the Appendix No. 2.

Reasons

1. Determination as to the claim against Defendant A (hereinafter “Defendant”)

A. On July 22, 2010, the Plaintiff entered into a lease agreement with the Defendant with the purpose of improving the residential life of citizens by performing the construction, supply, management, etc. of housing. (2) On July 22, 2010, the Plaintiff entered into a lease agreement with the period from June 30, 201 to June 30, 201, by setting the lease deposit amount of KRW 12,120,000, monthly rent of KRW 151,00, monthly rent of KRW 151,00, and period of lease of KRW 151,00

3) In entering into the above lease agreement, the Plaintiff may renew the lease agreement on a two-year basis when the Defendant maintains the requirements for occupancy of rental housing (such as requirements for restricting the size of house without house owner, asset ownership, income, and sole-household, etc.) as prescribed by the Rental Housing Act, the Enforcement Decree of the same Act, the Enforcement Rule of the same Act, and the Rules on Housing Supply. The Plaintiff agreed to allow the Defendant to terminate or renew the lease agreement if the Defendant owns another house during the lease term, or if the Defendant breached his/her obligations under the standard lease agreement, on June 30, 2013. (4) The Plaintiff confirmed that the above lease agreement exceeded 278% of the income standards stipulated in the Rules on Housing Supply and the relevant guidelines at the expiration of the lease. The Defendant notified the Defendant of the fact that the lease agreement was not renewed to the Defendant, and thus, the transfer of real estate listed in the attached Table 1 by December 31, 2013.

5) Therefore, the lease contract between the Plaintiff and the Defendant is deemed to have expired on June 30, 2013, and the Defendant is obligated to deliver to the Plaintiff the real estate listed in the separate sheet No. 1. B. Article 208(3)2 of the Civil Procedure Act (i.e., Supreme Court Decision 2007Da

2. Determination as to the claim against Defendant B (hereinafter “Defendant”)

A. The Plaintiff, in fact, shall construct, supply, and manage the housing.

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