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(영문) 수원지방법원 2017.10.19 2017나60697
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 1-4, No. 2-4, and No. 6-20 may be established by integrating the whole purport of the pleadings.

Article 6 (Prohibition against Lessees) No lessee shall engage in any of the following conduct:

1. Where a lessee has committed an act falling under any of the following subparagraphs, such as transfer of the right of lease or sub-lease of the rental house in violation of the Rental Housing Act.

2. Where he transfers the right of lease of a rental house to another person or subleases such rental house in violation of Article 19 of the Rental Housing Act.

A. On November 16, 201, the Plaintiff entered into a lease agreement with Defendant C, stipulating that the instant apartment shall be leased at KRW 106,00,000, and the rent shall be KRW 700,000 each month (hereinafter “instant lease agreement”). The instant lease agreement includes the following provisions on cancellation and termination of the lease agreement.

B. On December 6, 2013, the Plaintiff transferred the instant apartment to Defendant C.

C. On December 22, 2015, the Plaintiff sent an official document to Defendant C on the ground that he/she breached his/her duty not to sublet the instant apartment, and that Defendant C should not sublet the instant apartment, and the said official document reached the Defendant C around that time.

On the other hand, the main contents of the statutes related to the instant case are as stated in the attached Form.

2. Summary of the parties' arguments;

A. The plaintiff C without permission for the apartment of this case against the defendant D in a money-related relationship.

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