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(영문) 대전지방법원 2015.07.03 2014나107633
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

From around 201, the Plaintiff entered into a lease agreement with the Defendant on August 30, 201, and renewed the lease agreement on a two-year basis with regard to the rental housing stated in the separate sheet (hereinafter “instant rental housing”). On August 30, 201, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) by setting the lease agreement between the Defendant and the Defendant as the deposit amount of KRW 15,62,00, monthly rent of KRW 205,390, monthly rent of KRW 205,390, and the lease period from February 1, 2011 to January 31, 2013, and the main contents of the instant lease agreement and the relevant statutory provisions are as follows.

3. Article 10 (Cancellation and Termination of Lease Agreements) (1) of the General Conditions for Contracts (i) If the Defendant committed any of the following acts, the Plaintiff may cancel or terminate the instant lease contract, or refuse to renew the lease contract:

8. Where a lessee leaves the relevant house or leaves it as a result of winning another rental house.

6. Special conditions for the contract (Renewal of the lease contract) (1) A lessor may renew the lease contract on a two-year basis with the lessee who maintains the qualifications for occupancy of national rental housing (such as the requirements for restricting the scale of a house without a house owner, asset ownership, income, or single-household housing).

In such cases, the lessee shall accept the terms and conditions of lease, rent, etc. determined by the lessor and notify the lessor of the intention to renew the lease at least one month before the expiration date of the lease.

(2) Notwithstanding paragraph (1), where a lessee exceeds the income standards among the qualifications for occupancy of national rental housing, a lessor may renew the lease with the rental deposit and rent calculated by applying the premium rate specified in the Acts and subordinate statutes on rental housing.

Provided, That a lessee whose degree of excess income exceeds the standard prescribed by Acts and subordinate statutes of rental housing shall withdraw within six months from the expiration date of the term of lease.

Article 15 (Other Matters not specified in this Agreement) Rental Housing Act and regulations on housing supply.

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