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(영문) 수원지방법원 2015.04.30 2014나44465
건물명도
Text

1.The judgment of the first instance shall be modified as follows:

The defendant from the plaintiff 61,672,00 won to February 1, 2014.

Reasons

1. Facts of recognition;

A. On June 5, 2006, the Korea National Housing Corporation concluded a lease agreement with the Defendant on the instant apartment that is a rental house under the Rental Housing Act at KRW 56,640,00 per month, and KRW 394,00 per month. On October 11, 2011, the Plaintiff, who comprehensively succeeded to the status of the Korea National Housing Corporation, renewed the said lease agreement with the Defendant on October 1, 201, with the purport of increasing the deposit to KRW 58,848,00 per month, and KRW 409,360 per month, and on September 26, 2013, again increased the deposit to KRW 61,672,00 per month, and the rent to KRW 429,00 per month, and the period extended to August 31, 2015.

(hereinafter referred to as “instant lease, regardless of whether before or after the renewal”). (b)

Article 19 of the Rental Housing Act provides that a lessee of a rental house may not transfer or sublease the right of lease to another person except where the lessee has obtained the consent of the rental business operator, and the provisions related to this case in the terms of the lease contract are as follows.

5. Article 10 (Cancellation and Termination of Lease Contracts) (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:

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.

6. Article 8 (Payment of Rent, etc. Following Cancellation or Termination of Lease Contract) (1) Where a lease contract is canceled or terminated due to any cause specified in the subparagraphs of Article 10 of the General Conditions for Contracts, a lessee shall specify a rental house to a lessor within one month from the date of cancellation or termination of the lease contract, and shall pay all kinds of payments, such as rent, management fee, etc. from the date of cancellation or termination to the date of order.

Article 10 (Compensation for Illegal Residence) The lessee shall comply with Article 8 of the Special Conditions for Contract.

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