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(영문) 수원지방법원성남지원 2016.10.25 2016가단211766
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. As part of the Ministry of Land, Infrastructure and Transport’s housing welfare project, the Plaintiff is running a business to support low-priced rental housing so that the lowest income class in the downtown can reside stably.

The Plaintiff shall enter into a lease agreement with a housing owner on a deposit basis with an applicant for assistance in the lease of a pre-existing house pursuant to the “Guidelines for the Rental Business of Rental Housing” and the “National Housing Fund Operation and Management Regulations (amended by Housing and Urban Fund Operation and Management Regulations)”, and a lease agreement is concluded with an occupant, and a lease deposit shall be paid by the occupant to the housing owner an amount equivalent to 5% of the total lease deposit, and the remainder of the lease deposit shall be paid to the housing owner with the National Housing Fund.

B. On November 4, 2011, the Plaintiff entered into a lease agreement with B on the real estate listed in the separate sheet owned by Nonparty B, and entered into a lease agreement with the Defendant during the lease period from November 25, 201 to November 25, 2013, with the lease deposit amount of KRW 70,000,000 (the occupant’s share of KRW 3,50,000) and monthly rent of KRW 10,830.

C. According to the instant contract, the standards related to loans, such as qualifications for occupancy, term of subsidization, repayment of loans, etc., shall be governed by the Government’s Operation and Management Regulations for National Housing Fund, the Guidelines for Rental of Lease on Existing House, or the Guidelines for Rental of Lease on New Part (Article 2). In the event that a lessee requests renewal of a lease contract at least three months prior to the expiration of the initial lease term, the lessee maintains occupancy eligibility as prescribed in Article 2 at the time when the initial lease term expires, and where a lease contract between a lessor and a housing owner is renewed, the lessee shall be re-determined on a two-year basis within the scope of the renewed lease term.

(the first sentence of paragraph 1 of Article VIII).

On the other hand, according to the housing support work guidelines for the vulnerable residential group.

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