logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.07.21 2015나40781
임차권존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph 1.

Reasons

1. Basic facts

A. From July 201 to June 30, 201, the Plaintiff concluded a lease agreement with the Defendant on the real estate indicated in the separate sheet (hereinafter “instant rental housing”) with an exclusive area of 51.9 square meters, as a public construction rental house, and renewed the lease agreement on a two-year basis by entering into a lease agreement. On June 27, 2013, the Plaintiff concluded a lease agreement again (hereinafter “instant lease agreement”) by setting the lease agreement as between the Defendant and the period from July 1, 201 to June 30, 2015.

The main contents related to the renewal of the instant lease agreement are as follows.

6. A lessor may renew the lease contract on a two-year basis with the lessee who maintains the eligibility to move into the national rental housing (such as the requirement, etc. of restricting the scale of a house without a house, house owner, asset ownership, income, and single-household housing).

In such cases, the lessee shall accept the terms and conditions of lease, rent, etc. determined by the lessor and notify the lessor of his/her intention to renew the lease at least one month before the expiration of the lease.

(2) Notwithstanding paragraph (1), where a lessee exceeds the income standards among the qualifications for occupancy of national rental housing, a lessor may renew the lease with the rental deposit and rent calculated by applying the premium rate specified in the Acts and subordinate statutes on rental housing.

Provided, That a lessee whose degree of excess income exceeds the standard prescribed by rental housing Acts and subordinate statutes shall withdraw within six months from the end of the lease contract period.

B. As a result of the Defendant’s investigation into the income and assets of the Plaintiff and the members of the household for the renewal of the instant lease agreement, the fact that the sum of monthly average income of the Plaintiff and the members of the household exceeds 150% of the monthly average income of the Plaintiff and the members of the household (975,310 won per month of the Plaintiff’s income, KRW 3,787,000 per spouse’s income, KRW 3,787,000 per month of the spouse’s income, KRW 1,295,290 per month of child E’s income, and the Plaintiff on April 29, 2015.

arrow