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(영문) 수원지방법원 2019.11.26 2019가단527247
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Facts of recognition;

A. On November 2013, the Plaintiff concluded a lease agreement with Defendant A, and the Plaintiff’s public construction rental housing (hereinafter “instant apartment”), and delivered the instant apartment around that time. On January 15, 2016, the lease agreement was renewed by setting the lease deposit as KRW 111,194,00 and monthly rent as KRW 734,300.

(hereinafter “instant lease agreement”). B.

Article 10(1)2 of the General Terms and Conditions of the instant lease agreement provides that “If a lessee transfers a right of lease of a rental house to another person or subleases a rental house, the lessor may cancel the lease contract.”

C. However, at the time of the Plaintiff’s fact-finding survey, Defendant B and C resided in the apartment of this case.

On March 2018, the Plaintiff notified the termination of the instant lease agreement on the ground of the sub-lease of the instant apartment without permission, and the said notification reached Defendant A around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. In full view of the legislative purpose of the Rental Housing Act and the aforementioned Act strictly stipulate the lessee’s qualification, method of selection and conditions of lease, etc.; the Act provides for the lease of a rental house, the unauthorized transfer of a right of lease, and the sub-lease of a rental house as a crime; and the transfer of a right of lease prohibited by the aforementioned Act includes all acts (except in case of inheritance) resulting from sale, donation, and other changes of a right, a sub-lease of a rental house prohibited under Article 19 of the Rental Housing Act refers to an act by a lessee to use a rental house again and allow a third party to take profits from a rental house regardless of whether to pay for the rent, and thus includes not only the lease for consideration but also the free loan for use (see, e.g., Supreme Court Decision 2016Do17967, Jan. 12,

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