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1. The Defendants ordered the Plaintiff to order the building indicated in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3...
Reasons
1. Basic facts
A. On February 27, 2009, Nonparty D applied for the recruitment of a tenant of a long-term lease housing, which was implemented on February 27, 2009, and won. On May 21, 2009, Nonparty D prepared a lease contract (the deposit amount of KRW 93,710,000, and the period of August 31, 201) between Defendant A and the lessee, who was anticipated to be the owner of a long-term lease housing (hereinafter “the apartment of this case”).
The reason why the winner of the winning is D, and the tenant of the defendant A concluded the lease contract seems to be to obtain a loan as security by the defendant A.
B. As a result of internal audit, the Plaintiff confirmed that it was in violation of Article 19 (Restriction on Sublease of Rental Housing) of the Rental Housing Act and Article 18 (Permission for Transfer, etc. of Right of Lease) of the Enforcement Decree of the same Act. On August 31, 2009, the Plaintiff notified D and the Defendant A of the change of the lessee’s name from Defendant A to D.
C. On May 21, 2011, the Plaintiff renewed a lessee’s lease agreement to Defendant A (a guarantee deposit of KRW 98,390,000, and up to August 31, 2013) and entered into a lease agreement between D and D on December 30, 2011.
Although the Plaintiff pointed out that concluding a lease agreement with Defendant A as lessee is in violation of the Rental Housing Act, etc., it seems that the renewal of the lease agreement with Defendant A as lessee without changing the lessee into D is due to the fact that the Defendant A established a pledge on the lease deposit and received a loan (Evidence 3) (Evidence 3). The Defendant A’s repayment of all loans on December 27, 201 (Evidence 5) immediately after December 30, 201, the lease agreement was concluded by Defendant A, a lessee, was changed to D.
D On December 29, 2011, a move-in report was made on the instant apartment, and died on March 5, 2012.
E. Defendant A made a move-in report on August 3, 2009 on the instant apartment, and the network.