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(영문) 수원지방법원 2017.08.24 2017나52443
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. Facts of recognition;

A. Under the former Rental Housing Act (amended by Act No. 6167, Jan. 12, 200; hereinafter the same), the Korea National Housing Corporation (the Korea National Housing Corporation and the Korea Land Corporation were dissolved, and the Plaintiff was established. The Plaintiff’s establishment concluded a lease agreement between D and D on February 25, 199, with the content that D will lease the buildings listed in [Attachment 1] list, a publicly constructed rental house under Article 2 subparag. 2 of the former Rental Housing Act and Article 2 subparag. 1 of the former Enforcement Decree of the former Rental Housing Act (amended by Presidential Decree No. 16593, Nov. 12, 1999; hereinafter the same) (hereinafter “instant lease agreement”).

6. The lessee referred to in Article 6 of the General Conditions of Contracts shall not perform any of the following acts:

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

2. Where he transfers the right of lease of a rental house to another person or subleases such rental house in violation of Article 13 of the former Rental Housing Act, the lessor as prescribed in Article 12 (Sale of Rental Housing) shall, in case where the said house falls under the rental house as prescribed in Article 9 (1) 2 and 3 of the Enforcement Decree of the former Rental Housing

1. The sale time of the above house shall be five years after the expiration of the first designation period for occupancy;

7. Article 6 of the Special Conditions for Contracts (Cancellation or Termination of Contracts) (1) In cases where a lease contract is cancelled or terminated due to any cause as prescribed in subparagraphs of Article 10 of the General Conditions for Contracts, the lessee shall do so.

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