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(영문) 대전지방법원 2016.10.27 2016가단200016
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. On February 1, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the deceased, setting the lease deposit amount of KRW 2,511,00, monthly rent of KRW 51,550, monthly rent of KRW 51,550, and the lease period from October 1, 2012 to September 30, 2014.

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

Article 10 (Cancellation and Termination of Lease Contract) (1) Where a lessee commits any of the following acts, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:

1. Where he/she has leased a rental house by fraud or other improper means;

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 the lease contract period has not been occupied within three months from the date the lease contract period began: Provided, That the foregoing shall not apply where the occupancy is delayed due to any cause attributable to the lessor;

4. Where the rent is in arrears for at least three consecutive months;

5. Where rental houses and their incidental facilities are reconstructed, expanded or altered without the consent of a lessor or they are used for purposes other than their original purposes;

6. Where a lessee intentionally destroys or destroys a rental house and its incidental facilities;

7. Where he/she owns another house during the term of the lease of a public construction rental house constructed with approval for a project plan under Article 16 of the Housing Act: Provided, That this shall not apply where he/she disposes of the relevant house within six months from the date he/she was notified as disqualified because he/she owned another house due to inheritance, judgment, marriage, or any other inevitable reason, and where he/she acquired the right of lease on a first-come-served basis pursuant to Article 10 (6) of the Rules

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