beta
(영문) 대구지방법원안동지원 2014.08.20 2014가단20134

건물명도

Text

1. The defendant shall be the plaintiff.

(a) deliver the buildings listed in the separate sheet;

(b) from March 14, 2014 to the annexed list.

Reasons

1. Facts of recognition;

A. On October 26, 2011, the Plaintiff delivered to the Defendant the instant rental housing (hereinafter referred to as the “instant rental housing”) a building listed in the attached list, which is the publicly constructed rental housing (hereinafter referred to as “instant rental housing”), with the lease deposit of KRW 2,156,00, KRW 39,560 per month, and the lease term of KRW 39,560 from October 26, 201 to November 30, 201, while leasing the instant rental housing (hereinafter referred to as the “instant lease contract”), and the Defendant occupies it up to the present day.

B. Under Article 10(1) of the General Conditions of the instant lease agreement, where a lessee has leased a rental house by fraud or other improper means (Article 10(1)), or where a lessee has owned another house during the lease period of the publicly constructed rental house constructed with the approval of a business 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 was notified of being disqualified as a result of electronic search due to ownership of another house due to inheritance, judgment, marriage, etc., and where he/she disposes of the relevant house within six months from the date of notification of disqualified as a result of electronic search (Article 10(1)7).

In addition, Articles 9 and 11 of the Special Conditions of the instant lease agreement provide that if the instant lease agreement has been terminated due to the reasons under Article 10 of the General Conditions of the said contract, the lessee shall instruct the lessor of the rental housing within one month from the date of cancellation or termination, and the lessee shall pay the amount equivalent to 1.5 times the monthly rent from the day following the day when the order is to be issued to the day when the order is not issued.

C. Meanwhile, on September 20, 2012, the Defendant on the other hand, on September 20, 2012, as to the portion of 1/2 out of No. 1018 (hereinafter “instant apartment”) of the 1/2 of the Ansan-si B apartment No. 1018 (hereinafter “instant apartment”).