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(영문) 수원지방법원 2018.02.14 2017나5775
건물명도
Text

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

The defendant shall receive KRW 88,320,000 from the plaintiff at the same time.

Reasons

1. Facts of recognition;

A. On November 12, 2002, the Defendant entered into a lease agreement (hereinafter “the lease agreement in this case”) with Daedae Construction Co., Ltd. on which the Defendant leased the attached real estate indicated in the attached Form, a privately-owned rental housing (hereinafter “the apartment in this case”), which was owned by Daedae Construction, from November 30, 2003 to November 29, 2004, the lease deposit amount of KRW 35 million, and the rent of KRW 325,000 (hereinafter “the lease agreement in this case”).

B. The instant lease agreement has been renewed continuously, and the deposit for lease has been gradually increased, and around 2014, KRW 88320,000 was increased, and the Defendant paid it to the large-scale construction.

C. The instant lease agreement provides the following provisions:

Article 6 (Prohibited Conduct of Lessee) No lessee shall engage in any of the following conduct:

1. An act of transferring the right of lease or sublet the rental house to another person in violation of the provisions of the 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 cancel 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 Rental Housing Act.

D. On January 13, 2016, Daesung Construction obtained approval for conversion to sale in lots for multi-family housing including the instant apartment from Sungsung City.

E. On January 29, 2016, the Defendant filed an application for the preferential purchase conversion of the instant apartment in the light construction, but notified the Defendant that “The Defendant is not entitled to preferential sale, and the instant lease agreement will be terminated as of July 29, 2016”.

F. After that, the Plaintiff purchased the instant apartment from Gwangju Construction on August 4, 2016 and completed the registration of ownership transfer on the 26th of the same month.

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