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(영문) 인천지방법원 2016.09.21 2016가단206238

건물명도

Text

1. The defendant shall deliver the attached list real estate to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. At the early 1974, the Defendant married with Nonparty B and got 2 South Korea including C (hereinafter “Nonindicted”) under the chain, but was married with B around 1987.

On the other hand, the housing No. 5-dong No. 102 of Bupyeong-gu Incheon (hereinafter “EB”) was owned by B, and the registration of transfer of ownership was completed on September 11, 2007 in the name of the non-party, who was the south of Korea.

B. After divorce, the Defendant continuously leased the attached list real estate (hereinafter “instant apartment”) from the Plaintiff from around 1995 to the Plaintiff, and the two-year lease contract was renewed on May 4, 2015.

At this time, the non-party was in the state of having completed the move-in report on the above apartment.

C. After that, the Plaintiff became aware of the Nonparty’s acquisition of E-Ba as a member of the household through an electronic search, etc., the Plaintiff notified the Defendant of the termination of the lease on December 15 of the same year, following the Nonparty’s request for the submission of explanatory materials on November 20, 2015.

[Ground for Recognition: Facts without a partial dispute, entry in Gap 2 through 8, Eul 1 and 2 (including partial number of defenses)]

2. According to the rules on the supply of a house to a homeless person, a lessee of a house supplied to a homeless person shall continue to meet the requirements of a homeless person during the term of lease.

However, the defendant, due to the acquisition of E-Ba by the non-party, who is a member of the household, failed to maintain the requirements of the non-resident at the time of the renewal, thereby losing the requirements for

In addition, if the defendant renewed the lease without notifying the plaintiff of such fact, it constitutes a ground for termination of the contract as stipulated in Article 10 subparagraph 1 of the General Conditions of the contract in the case of lease by false or other unlawful means, and even if the plaintiff renewed the lease without recognizing such fact, it shall be deemed that the contract was renewed.