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(영문) 춘천지방법원원주지원 2020.08.11 2020가단765
임대차갱신계약 이행 청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On November 26, 2014, the Plaintiff entered into a lease contract with a deposit deposit of KRW 23,00,000, monthly rent of KRW 260,000 with respect to the Hanju-si B apartment and C (hereinafter “instant apartment”) owned by the Defendant, and the said lease contract was renewed on one occasion on February 26, 2018 by the period from March 1, 2018 to February 29, 2020 (hereinafter “instant lease contract”).

B. The instant lease agreement

6. The details of Article 1 (Renewal of Lease Agreements) of the special conditions of the contract shall be as follows:

(1) A lessor may renew a lease contract on a two-year basis and a lessee who maintains the eligibility for occupancy under the Special Act on Public Housing (including the constituent members of a house without a house, asset holding standards, income standards, and requirements for restricting the scale of a house on a single-household basis).

In such cases, the lessee shall accept the terms and conditions of the lease deposit, monthly rent, etc. determined by the lessor, and notify the lessor of the intention to renew the lease at least one month before the expiration of the lease period.

(2) Notwithstanding paragraph (1), where a lessee exceeds the income standards among the qualifications for occupancy of national rental housing, a lessor may renew the lease contract with rental deposit and monthly rent calculated by applying the premium rate specified in the special Acts and subordinate statutes on public housing.

However, a tenant whose income exceeds the standard prescribed by the Special Act on Public Housing shall be removed within six months from the expiration date of the lease contract.

C. On the other hand, around October 25, 2019, the Defendant obtained approval from the Defendant on February 2, 2020 for the submission of a document from the household subject to renewal of national rental, and obtained approval on November 8, 2019 to the relevant lessee, including the Plaintiff, for the period of receipt, “Guidance on Revision to the Standard for Recontract of National Rental Housing, etc.” (Evidence 2-2).

Then, B apartment lessee.

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