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(영문) 수원지방법원 안산지원 2017.01.06 2016가단57116
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. On March 31, 1999, the Plaintiff (Korea National Housing Corporation: hereinafter “instant apartment”) concluded a lease agreement on the instant apartment (hereinafter “instant lease agreement”) with B as the owner of the real estate indicated in the attached list of public rental housing units under the Rental Housing Act (hereinafter “instant apartment”).

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

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

2. In case where he transfers the right of lease of a rental house to another person or subleases the rental house in violation of Article 13 of the Rental Housing Act (Sale of Rental Housing) if the said house falls under the rental house under Article 9 (1) 2 and 3 of the Enforcement Decree of the Rental Housing Act, the lessor shall sell it under the following conditions:

1. The sale time of the above house shall be five years after the expiration of the first designation period for occupancy;

7. Article 6 (Cancellation or Termination of Contracts) (1) of the Special Conditions for Contracts (1) If a lease contract is canceled or terminated due to reasons falling under any subparagraph of Article 10 of the General Conditions for Contracts, the lessee shall restore the rental house to the original state, order the lessor to do so within one month from the date of cancellation or termination of the lease, and pay all kinds of payments, such as rents and management expenses from the date of cancellation

Article 9 (Sale of Rental Housing) (1) When a lessor has performed a sale of the said rental housing pursuant to Article 12 of the General Conditions of the Contract, the lessee shall receive such sale within the period designated by the lessor.

(2) In cases under paragraph (1), a person subject to preferential sale shall move into a lessee or rental house who has no house at the time of sale from the date of moving into a rental house to the date of sale.

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