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(영문) 서울남부지방법원 2014.08.22 2013가단81242

건물명도

Text

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...

Reasons

1. Facts of recognition;

A. On March 28, 2001, the Plaintiff entered into a lease agreement with the Defendant on March 28, 2001 (hereinafter “instant apartment”).

A) On May 31, 2013, the contract was renewed every two years after the lease, and the contract was renewed again on May 31, 2013 by setting the deposit amount of KRW 1,540,00, monthly rent of KRW 35,500, and the term of lease from May 1, 2013 to April 30, 2015 (hereinafter “instant renewal contract”).

(1) In case the lessee has committed an act falling under any of the following subparagraphs, the lessor may cancel or terminate the lease contract, or refuse to renew the lease contract:

7. Where he/she owns another house during the lease period of public construction rental housing constructed with the approval of a project plan under Article 16 of the Housing Act: Provided, That this shall not apply to cases 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 due to inheritance, judgment, marriage, or other unavoidable reasons, and cases 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 housing;

2. Article 10 of the General Conditions of the instant renewal contract provides for the following:

B. The notice sent by the plaintiff to the defendant at the time of the renewal contract of this case, such as the defendant's written oath, may not enter into a renewal contract where a part of the members of the household own another house temporarily or there is one of the members of another household due to the transfer of the household who owns the house.

In addition, the defendant, at the time of entering into the instant renewal contract, is the spouse and the defendant, including the principal.