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(영문) 창원지방법원 통영지원 2017.01.24 2016가단21185
건물명도
Text

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

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

Facts of recognition

On October 1, 2006, the Defendant’s married B (C) purchased D Apartment 202 (hereinafter “the apartment of this case”) from 15 million won and completed the registration of ownership transfer.

The defendant applied for the supply of national rental housing to the plaintiff on July 16, 2008.

Defendant and B completed their resident registration in the instant apartment on January 29, 2009. On April 2, 2010, the Defendant and B transferred their resident registration to real estate listed in the separate sheet (hereinafter “instant rental housing”).

On January 26, 2010, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with the following terms, setting the period of two years, deposit amount of eight million won, monthly rent of KRW 76,00,00.

Article 10 (Cancellation and Termination of Lease Contract) (1) Where a lessee has committed 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 he/she fails to move in within three months from the date on which the period of lease expires: Provided, That this 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 a rental house and its incidental facilities are reconstructed, expanded or altered without the consent of a lessor or used for any purpose other than its original purpose;

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

7. Where he/she owns another house during the period of lease of the publicly constructed rental house constructed with approval for a project plan under Article 16 of the Housing Act: Provided, That he/she is notified of the disqualified person as he/she owns another house due to inheritance, judgment, marriage, or other inevitable reasons;

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