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(영문) 인천지방법원 2018.11.15 2018나53484
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a corporation established under the Korea Land and Housing Corporation Act.

Lease contract

1. A contractor: A lessee of the Plaintiff’s head of Incheon Regional Headquarters (the official seal of the head of the headquarters is affixed): Defendant (the seal is affixed);

2. Date of contract: The location of a house marked as a rental house on September 20, 201: The type of apartment houses (publicly constructed rental housing) in Incheon Dong-gu and 111 Dong-dong 401 (instant apartment houses): The apartment houses (publicly constructed rental housing).

5. Term of lease deposit of KRW 16,00,00, 306,500 converted into KRW 16,000,000,000, based on the monthly rent classified as contract terms and conditions, from October 1, 201 to September 30, 201;

6. A lessor may renew the lease contract on a two-year basis with the lessee who maintains the qualifications for occupancy of national rental housing (such as the constituent members of a house without a house, asset holding standards, income standards, requirements for restricting the scale of a house on a single-household basis, etc.).

In such cases, the lessee shall accept the terms and conditions of lease, rent, etc. determined by the lessor and notify the lessor of his/her intention to renew the lease at least one month before the expiration of the lease period.

B. On September 20, 201, the Plaintiff entered into a lease agreement with the Defendant under the following lease agreement (hereinafter “lease agreement”) with the Defendant, under Article 2 subparag. 2 of the former Rental Housing Act (amended by Act No. 11870, Jun. 4, 2013) and Article 2 subparag. 1 of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 25483, Jul. 16, 2014; hereinafter “former Enforcement Decree of the Rental Housing Act”).

C. On October 201, the Plaintiff delivered the instant apartment to the Defendant in accordance with the said lease agreement, and on August 16, 2013, the Defendant issued a “Notice of Non-existence of Contract Renewal” (Evidence A 3-2) to the Defendant. The purport thereof is that the Defendant’s child is a member of the household.

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