건물명도
1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. Basic facts
A. On November 1, 1992, the Plaintiff concluded a lease agreement with the Defendant (hereinafter “instant lease agreement”) under which the term of the contract is renewed without rent in January 13, 2017, including the lease deposit amount of KRW 37,430,00, and the term of the lease from January 1, 2017 to December 31, 2018 (hereinafter “instant lease agreement”).
B. Article 10(1)7 of the General Conditions of the instant lease agreement (hereinafter “instant provision”) is as follows.
Article 10 (Cancellation and Termination of Lease Contracts) (1) Where a lessee has committed an act falling under any of the following subparagraphs, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:
7. Where a lessee or a person belonging to him/her owns another house or occupies another house by winning it in another house during the lease period of public construction constructed with the approval of a project plan under Article 16 of the Housing Act: Provided, That this shall not apply where he/she disposes of the relevant house within six months from the date he/she is notified of disqualified as a result of computer search by holding another house due to inheritance, judgment, marriage, or other unavoidable reasons, and where he/she acquires the right of lease on a first-come-served basis in accordance with the regulations on housing supply at the time of recruiting occupants of the relevant rental house;
C. On January 6, 2016, the Defendant completed the registration of ownership transfer with respect to one half of the multi-family houses on the fourth floor of Pyeongtaek-si C (hereinafter “multi-family houses in this case”) and completed the registration of ownership transfer with respect to the whole share to D on August 18, 2016.
On August 25, 2017, the Plaintiff issued a letter to the Defendant stating that “The Defendant is proved to be a primary house and the instant lease agreement was terminated as of September 1, 2017 pursuant to the instant provision, and thus, the instant apartment is ordered until November 30, 2017.”