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(영문) 수원지방법원 2017.07.06 2016나73764
건물명도
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. Under the former Rental Housing Act (wholly amended by Act No. 6167, Jan. 12, 200; hereinafter “former Rental Housing Act”), the Korea National Housing Corporation (i.e., the Korea National Housing Corporation and the Korea Land Corporation were merged into the Plaintiff; hereinafter “Plaintiff”) (i.e., “the Plaintiff”) leased the instant building, which is a publicly constructed rental house under Article 2 subparag. 2 of the former Rental Housing Act and Article 2 subparag. 1 of the former Enforcement Decree of the Rental Housing Act (amended by Presidential Decree No. 16593, Nov. 12, 1999; hereinafter “former Enforcement Decree of the Rental Housing Act”) under the following conditions:

(hereinafter “instant lease agreement”). 6. General Terms and Conditions of the contract No lessee of Article 6 (Prohibited Conduct by Lessee) shall engage in any of the following acts:

1. An act of transferring the right of lease or sublet the rental house to another person in violation of the provisions of the former Rental Housing Act (1) In case where a lessee has committed an act falling under any of the following subparagraphs, the lessor may cancel or terminate this contract, or terminate it, or renew its renewal:

2. Where he transfers the right of lease of a rental house to another person or subleases such rental house in violation of Article 13 of the former Rental Housing Act, the lessor as prescribed in Article 12 (Sale of Rental Housing) shall, in case where the said house falls under the rental house as prescribed in Article 9 (1) 2 and 3 of the Enforcement Decree of the former Rental Housing

1. The sale time of the above house shall be five years after the expiration of the first designation period for occupancy;

7. Article 6 (Cancellation or Termination of Contracts) (1) of the Special Conditions for Contracts (i) If a lease contract is terminated or terminated on the grounds set forth in subparagraphs of Article 10 of the General Conditions for Contracts, the lease shall restore the rental house to its original state, and order the lessor within one month from the date of cancellation or termination of the lease.

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