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(영문) 서울서부지방법원 2018.11.22 2018나38038

건물명도(인도)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. An apartment in the attached list (hereinafter “the apartment in this case”) is a publicly constructed rental house that is preferentially supplied to homeless households in accordance with the Housing Act, the Special Act on Public Housing, and the Rules on Housing Supply, and the Plaintiff is a public corporation entrusted with the power to lease the publicly constructed rental house by Seoul Special Metropolitan City.

B. On September 16, 2010, the Plaintiff entered into a lease renewal contract with the Defendant (hereinafter “instant contract”) with the lease term from December 1, 2016 to November 30, 2018. Article 10(1) of the General Conditions of the instant contract provides that “Where a lessee or a person who belongs to the lessee or his/her household owns another house during the term of the public construction rental house ( Subparagraph 1),” and “where the lessor can terminate the instant contract by fraudulent or other unlawful means” ( Subparagraph 7).

C. Meanwhile, at the time of entering into the instant contract, the Defendant prepared and submitted to the Plaintiff a “non-family pledge” stating that “if all members of the household, including the principal, own a house from the date of the public announcement of invitation of occupants until the time of the contract, and if it is proved that the winning of the housing was different from the subscription status as a result of the computerized search (including re-contract) on the current status of housing ownership, the Defendant shall not raise any objection even if measures such as cancellation of the housing supply contract are taken,” and indicated D(1983) which completed the move-in report on the instant apartment on October 27, 2016 as the Defendant’s father’s father.

However, on December 17, 2010, D continued to have owned apartment houses (exclusive area of 36.54 square meters) located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu. for sale.

E. The plaintiff is the defendant and D.