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(영문) 수원지방법원 2017.11.17 2016나74101 (1)
건물명도
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is against the Plaintiff (Counterclaim Defendant) as follows 2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The instant apartment is constructed as a housing construction project under the Housing Act.

B. The plaintiff is the owner of the apartment of this case. On May 23, 2006, the plaintiff entered into a lease agreement with the defendant on the apartment of this case (hereinafter "the lease agreement of this case") with the following contents, and the defendant occupied the apartment of this case on August 1, 2009 when the occupancy designation period expires.

Article 1 Terms and Conditions of Contract: 169,139,00 won for the lease deposit (16,914,00 won for the lessee) shall be paid at the time of the contract, 16,914,00 won for the two-time installment payments up to June 1, 2006, 16,914,00 won for the first time part payments up to August 15, 2007, 16,914,00 won for the second time part payments up to December 15, 2007, 16,914,00 won for the three-time part payments up to 16,914,00 won for the three-time installment payments up to April 15, 2008; 16,914,000 won for the first time from the expiration date of 20: 0-5,000 won for the remainder of 19:0-5,000 won for the second time rental period up to 15:0-day.

However, the adjustment of rental deposit and rent shall not violate the provisions of the Rental Housing Act and the Housing Lease Protection Act, and the request for increase of rent, etc. shall not exceed the amount equivalent to 5% of the agreed rent, etc., and the rent, etc. shall not be increased within one year after the lease contract or the increase of rent, etc. agreed upon.

1. When there are changes in prices or other economic conditions;

2. The housing leased by the Plaintiff or the adjacent similar area.

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