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(영문) 수원지방법원 2016.08.09 2015가단11362
계약해제에 따른 원상회복청구 등
Text

1. The plaintiff

A. Defendant D and E jointly share KRW 62,200,000 and the same from August 9, 2013 to August 9, 2016.

Reasons

1. Basic facts

A. On November 14, 201, Defendant F leased the rental deposit amount of KRW 106,00,000 (a contract amount of KRW 21,200,000 and KRW 84,800,000 shall be paid at the time of entering into a contract) and monthly rent of KRW 70,000,00, which is a rental house leased by the Korea Land and Housing Corporation under the Rental Housing Act (hereinafter “Korea Land and Housing Corporation”);

(hereinafter “instant lease agreement”). B.

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

Article 6 (Prohibited Acts of Lessee) No lessee shall engage in any of the following acts:

Article 10 (Cancellation and Termination of Lease Contract) (1) Where a lessee has committed an act falling under any of the following subparagraphs, a lessor may cancel or terminate this contract, or refuse to renew such contract:

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.

3. Where he/she fails to move in within three months from the date on which the period of lease expires: Provided, That this shall not apply where the occupancy is delayed due to any cause attributable to the lessor;

C. When Defendant F was unable to move into the instant apartment because it was difficult for Defendant F to create the remainder of the rental deposit, the right to rent the instant apartment (hereinafter “the instant right of lease”) was transferred to J, and J transferred the right to lease the instant apartment to Defendant D and E.

On August 9, 2013, the Plaintiff entered into a contract for transfer and takeover of the right (hereinafter “instant lease transfer contract”) with Defendant D and E to acquire the instant right of lease from Defendant D and E (21,200,000,000,000,000,000) as a broker of Defendant B and C, and paid Defendant D KRW 79,20,00,000.

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