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(영문) 서울서부지방법원 2019.04.12 2018가단19791

건물명도(인도)

Text

1. The defendant shall order the plaintiff to write down the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. The real estate indicated in the attached list of judgment on the cause of the claim (hereinafter “instant apartment”) is owned by the Seoul Special Metropolitan City and is a public rental housing unit leased to the homeless members. On November 21, 2012, the Plaintiff, who leased the instant apartment to the Defendant on a two-year basis, has concluded a lease agreement with the Defendant on January 6, 2017, the lease term of KRW 60220,000,00, which is from February 1, 2017 to January 31, 2019 (hereinafter “the instant lease agreement”). The main text of Article 10(1)7 of the General Conditions of the instant lease agreement provides that “If the lessee or a person who belongs to such household owns another house during the lease term, the lessor may cancel or terminate this agreement, or refuse to renew the lease agreement on May 28, 201,” or that the Plaintiff, on February 28, 2011, notified the Defendant of the fact that the lease agreement was concluded on May 18, 28, 2018.

Meanwhile, Article 2 subparag. 4 of the former Rules on Housing Supply (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 565, Dec. 11, 2018; hereinafter “former Rules on Housing Supply”) that applies to the apartment of this case pursuant to Article 13(1) of the Special Act on Public Housing refers to a person who is a household owner, a household member, and a household member’s spouse and is not registered on the resident registration card with the relevant householder or household member.