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(영문) 수원지방법원 2018.05.30 2017가단540161
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. Basic facts

A. On November 2013, the Plaintiff entered into a lease agreement with Defendant A on the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”), which is a public construction rental housing, and on January 28, 2016, the Plaintiff entered into a renewal agreement with Defendant A, which is set forth as KRW 111,194,00 by raising the lease deposit with respect to the said lease agreement, and the period of lease from February 1, 2016 to January 31, 2018.

(hereinafter “instant lease agreement”). B.

Article 10 of the General Conditions of the Lease Agreement of this case provides that "if a lessee transfers a right of lease of a rental house to another person or subleases a rental house in violation of Article 19 of the Rental Housing Act, the lessor may cancel, terminate, or refuse to renew the contract."

C. However, Defendant A subleaseed the instant real estate to Defendant B, and Defendant B resides in the instant real estate.

On April 21, 2017, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that the instant real estate was sub-leased, and filed the instant lawsuit seeking the delivery of the instant real estate by asserting the termination of the instant lease agreement for the same reason.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including each number in the case of additional number), and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the lease contract of this case was lawfully terminated by Defendant A’s notice of termination on the ground of the violation of sub-lease. Thus, barring any special circumstance, Defendant A, as a lessee, and Defendant B, as an occupant of the real estate of this case, is obligated to deliver the real estate of this case to the Plaintiff.

B. As to Defendant A’s assertion, Defendant A constitutes a case where a sub-lease can be granted on the ground of work, etc. under the Special Act on Public Housing and the Enforcement Decree of the same Act.

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