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(영문) 서울남부지방법원 2016.08.24 2015가단65770

건물인도

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. On March 9, 2015, the Plaintiff entered into a lease contract with the Defendant, who is a homeless on March 9, 2015, setting a deposit of KRW 1,1710,00,00, monthly rent of KRW 141,800, and period of two years; however, on December 9, 2014, the Plaintiff confirmed that the Defendant’s member of the household acquired a house “Seoul Yangcheon-gu 1 Dong 302, Seoul 1-dong 302” on December 9, 2014, and the Plaintiff terminated the lease contract pursuant to Article 10(1)7 and / [general terms and conditions of the lease] [special terms and conditions of the contract] pursuant to Article 10(1)7 and / [the name of the building]

2. Grounds for recognition: Evidence of subparagraphs 1 through 5.

3. Comprehensively taking into account the provisions regarding the defendant's argument regarding the rental housing and the purport of the rental housing supply system to facilitate the smooth supply of rental housing to homeless persons and to promote the stability of national housing life, the lessee of the house that is supplied preferentially to homeless persons, such as the apartment of this case, continues to meet the requirements of homeless persons during the term of lease, and if he/she owns the house during the term of lease (including household members), he/she would immediately lose the requirements for tenant at the time of acquisition even if he/she disposes of the house. Furthermore, if the lessee implicitly and openly renewed the contract, he/she falls under the case of leasing the rental house by fraudulent or other unlawful means as stipulated in Article 10 subparagraph 1 of the General Conditions of the contract. In addition, even if the lessor was aware of the renewal of the lease contract without knowing the fact, the lessor who became aware of it after the termination of the lease contract can be considered as grounds for termination of the

(See Supreme Court Decision 2003Da45649 delivered on December 11, 2003). In a case where B, who is a member of the Defendant’s household, acquires and owns another house during the lease period, the provisions regarding rental housing and the above provisions.