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(영문) 수원지방법원 2017.01.26 2016나53357
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. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1, 2-1, 2-4, and 10, respectively, may be admitted by integrating the whole purport of the pleadings. A

On December 27, 2007, the Korea National Housing Corporation entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant A on the condition that the Korea National Housing Corporation will lease the buildings listed in the attached Table (hereinafter “instant apartment”) to Defendant A as follows (only the part related to this case) (hereinafter “instant apartment”).

5. Article 1 (Rents for Rental Deposit and Term of Lease) (1) A lessee under Article 7 (Prohibited Acts of Lessee) from March 16, 2008 to April 30, 2010 shall not engage in any of the following conduct:

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

2. A lessee of a rental house under Articles 13 and 13 of the Rental Housing Act (amended by Act No. 8534, Jul. 19, 2007) in force at the time when the relevant lease contract under the Rental Housing Act was concluded shall neither transfer the right of lease (including sale, donation and all other acts accompanying the alteration of rights, but excluding inheritance) nor sublease the rental house to another person.

The same shall not apply to cases prescribed by the Presidential Decree and with the consent of the rental business operator.

Article 19 of the current Rental Housing Act (amended by Act No. 13474, Aug. 11, 2015) is the same as Article 19.

(b) In case of transferring the right of lease of a rental house to another person or sublet it in contravention of the provisions of this paragraph.

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