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(영문) 수원지방법원 2015.08.21 2014나45055
건물명도
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. Rental houses listed in the attached list (hereinafter “instant rental houses”) are permanent rental apartments leased to homeless households, such as persons eligible for livelihood benefits, in accordance with the Housing Act, the Rental Housing Act, and the Housing Supply Regulations owned by the Plaintiff.

B. The Defendant concluded a lease agreement with the Plaintiff on the instant rental housing and renewed the said lease agreement every two years. Finally, on November 21, 2012, the term of the lease contract from December 1, 2012 to November 30, 2014, the Defendant renewed the said lease agreement at KRW 12,146,00, monthly rent 217,520.

(hereinafter “instant lease agreement”). The instant contract

5. Where a lessee commits an act falling under any of the following subparagraphs, a lessor may cancel or terminate such contract, or refuse to renew such contract:

1. The instant contract in cases where a rental house has been leased by deceit or other unjust means (hereinafter referred to as “midstanding”);

6. Other matters not specified in this contract under Article 15 (other Acts and subordinate statutes related to rental housing, such as the Rental Housing Act and the Rules on Housing Supply, shall apply.

Article 2 of the Rules on Housing Supply (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 103 on June 30, 2014) and the definitions of terms used in these Rules shall be as follows:

8. The term “household” means the householder of a household composed of his spouse, lineal ascendant or lineal descendant on the resident registration cards of the household;

9. The term "family member with no house" means the head of a household and the head of a household of which no house is owned by all of the household members;

Article 29 (4) A person selected as an occupant of a rental house may reside until the rental period expires.

Provided, That in any of the following cases before the expiration of the lease period, the project operator shall be the project operator:

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