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(영문) 수원지방법원 2018.05.09 2016가단551270
건물명도
Text

1. The defendant shall receive KRW 87,020,000 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On July 29, 2002, the Defendant leased the real estate indicated in the attached Form (hereinafter “instant apartment”) which is a privately constructed rental housing (hereinafter “the instant apartment”) as KRW 35,000 from November 30, 203 to November 29, 2004, the lease term of which was set from the luminous Construction Co., Ltd. (hereinafter “Mag Construction”), to KRW 325,000,000 from November 30 to November 29, 2004, and monthly rent of KRW 325,000.

(hereinafter “instant lease agreement”). B.

After that, the Defendant continued to renew the instant lease agreement and paid the increased lease deposit for the light construction, thereby making the total lease deposit KRW 87,020,000.

C. The instant lease agreement contains the following provisions.

Article 6 (Prohibited Conducts in this Case; hereinafter the same shall apply) No person shall commit any of the following acts:

1. In case where he transfers the right of lease or subleases the rental house to another person in contravention of the provisions of the Rental Housing Act (1) In case where he commits an act falling under any of the following subparagraphs subparagraph (a) of Article 10 (Cancellation and Termination of Lease Contract) (1), A (hereafter the same shall apply) may cancel or terminate this contract, or refuse to renew it:

2. Where a lessee transfers a right of lease of a rental house to another person or subleases a rental house in violation of the provisions of Article 13 of the Act, Article 11 (Refund of Rental Deposit) (1) A shall be refunded at the same time as B orders the house are issued to him as the contract is terminated, terminated, or terminated.

Article 12 (Sale of Rental Housing) (2) In the event that Party A sells the above house to another rental business operator (hereinafter “sick”) pursuant to Article 9(2)1 of the Enforcement Decree of the Rental Housing Act, the fact that Party A succeeds to the status of Party A as the rental business operator in the concurrent sales contract shall be specified in the concurrent sales contract.

Large scale construction on January 13, 2016 to B apartment complex including the apartment complex of this case (hereinafter referred to as "the apartment complex of this case") from Sungsung City.

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