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(영문) 수원지방법원 성남지원 2017.03.14 2016가단200971
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. Basic facts

A. On July 27, 2009, the Plaintiff leased to B (the Defendant’s legal representative and the Defendant’s husband) real estate listed in the separate sheet (hereinafter “instant real estate”) located in Gyeonggi-do, which is the rental housing owned by the Plaintiff located in Gyeonggi-do, with a deposit of KRW 126,00,000, the lease period, and the lease period from August 28, 2009 to August 27, 201.

B. On July 20, 201, the above lease contract was renewed from August 28, 2011 to August 27, 2013, upon request by business B to extend the above contract.

C. On July 3, 2013, 2013, the business for which the renewed lease contract is terminated, B, through the Plaintiff’s computer system, is a public official (in the case where a spouse is a public official according to the Plaintiff’s regulations on the management of housing projects, it is possible to extend two years only once after the first renewal in the case where a spouse is a public official. Article 28(3) of the Regulations on the Management of Housing Projects and the proviso of Article 23(2)1 of the same

However, the Ministry of Strategy and Finance, which is the workplace B, can no longer lease the instant real estate to B, which is the location of Gyeonggi-do, with the wind to move to Sejong City around December 2012.

(See Article 25 of the Regulations on the Management of Housing Business) The application for renewal was rejected.

Nevertheless, as B continued to express its intention to rent the instant real estate, the Plaintiff proposed a new contract with the Seoul Regional Tax Office after changing the agency affiliated with the instant real estate from the Ministry of Strategy and Finance to the Seoul Regional Tax Office and entering into a new contract in the name of the Defendant.

Accordingly, on July 2013, the Plaintiff entered into a lease contract with the Defendant (hereinafter “instant lease contract”). However, the said contract is not a renewal, but a new contract, and as a result, the Plaintiff raises a deposit for restricting the increase of deposit under the Rules on the Management of Housing Projects.

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