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(영문) 광주지방법원 2016.12.23 2016나4675
부동산명도 등
Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Korea National Housing Corporation has implemented a lease contract with the owner of a pre-existing house so that basic living beneficiaries, etc. can reside in the current living zone, and entered into a lease contract with the owner, and has implemented the lease business to the occupants.

B. On March 3, 2009, the Plaintiff entered into a lease agreement on the lease of the existing house from March 3, 2009 to March 29, 201, with regard to the real estate listed in the separate sheet (hereinafter “instant apartment”), which is owned by the Plaintiff, the lessor, the lessee, the Korea National Housing Corporation, the occupant, the Defendant of the deposit money, the lease deposit amount of KRW 35,00,000, and the lease agreement on the lease of the existing house from March 30, 2009 to March 29, 201 (hereinafter “instant lease agreement”).

C. On March 3, 2009, the Korea National Housing Corporation entered into a lease agreement on the lease of the existing house with the Defendant for the apartment of this case with the lessor, the lessee, the Defendant, the deposit amount of KRW 35,000,000 (the lease amount of KRW 33,250,000 to the Defendant, and the amount of KRW 1,750,000 to the Defendant) and the lease period of the lease was the same period as the lease agreement of this case, and the lease agreement on the lease of the existing house with the monthly rent of KRW 55,410 (hereinafter “the lease contract of this case”). At that time, the Defendant lived with the Plaintiff after delivery of the apartment of this case from the Plaintiff.

On March 30, 2009, the Korea National Housing Corporation completed the registration of the establishment of chonsegwon based on the contract on March 3, 2009 with respect to the apartment of this case.

E. The instant lease agreement was extended from March 17, 201 to March 29, 2013, and from July 8, 2013 to March 29, 2013, respectively, from March 30, 2011 to March 29, 201, and the instant lease agreement was explicitly renewed thereafter. The instant lease agreement was also renewed as the same lease term as the instant lease term on the date on which the instant lease agreement was renewed.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 2, 4 and 5 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. The defendant is against the plaintiff.

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