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(영문) 수원지방법원 2017.08.24 2016가단530679
건물명도
Text

1. The Defendants shall deliver to each Plaintiff the real estate listed in the separate sheet.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of the real estate listed in the attached list (hereinafter “the apartment of this case”). The apartment of this case is the publicly constructed rental house under the Rental Housing Act constructed by the Plaintiff.

B. On November 14, 201, the Plaintiff entered into a lease agreement with Defendant A to lease the instant apartment (hereinafter “instant lease agreement”) with a deposit of KRW 106,00,000, monthly rent of KRW 700,000, and the scheduled date of occupancy on November 2013. The Plaintiff transferred the instant apartment to Defendant A around the scheduled date of occupancy.

C. The instant lease agreement contains the following contents regarding the duty to prohibit sub-lease, etc.

Article 6 (Prohibition against Lessees) No lessee shall engage in any of the following conduct:

1. Where a lessee under Article 10 (1) commits an act falling under any of the following subparagraphs by transferring the right of lease or sub-leaseing the rental house to another person in violation of the Rental Housing Act, the lessor may cancel or terminate such contract, or refuse to renew such 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.

D. Article 19 of the Rental Housing Act provides that "a lessee of a rental house may not transfer the right of lease (including sale, donation, and all other acts that cause alteration of the right, but excluding inheritance) or sublet the rental house to another person: Provided, That in cases prescribed by Presidential Decree and where an agreement of the rental business operator has been obtained, such lease may be transferred or sub-lease."

E. On October 2015, the Plaintiff: (a) conducted a fact-finding survey on the resident of the instant apartment house; and (b) determined that Defendant A subleted the instant apartment house to Defendant B.

Accordingly, the Plaintiff from December 2015 to Defendant A.

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