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(영문) 서울중앙지방법원 2019.01.11 2018가단23573

건물명도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 2, 1992, the Plaintiff leased the instant apartment to the Defendant, which was not converted for sale in public rental housing for the stabilization of housing for homeless people, and then renewed the contract at the expiration of the lease period, and finally, on December 1, 2016, entered into a lease agreement with the Defendant as stipulated by the terms of KRW 76.9 million, monthly rent, KRW 103,900, and the contract term as of December 31, 2018 (hereinafter “the last lease agreement”), and the Defendant occupies the instant real estate until now.

B. According to the lease contract made at the time of the above lease contract, when the lessee or a person who belongs to that household owns another house or occupies another house as a result of winning it in another rental house during the lease period of the public rental house constructed with the approval of the business plan under Article 6 of the Housing Act (Article 33 of the former Housing Construction Promotion Act), the Plaintiff may cancel the lease contract within six months from the date of notification of the disqualified person as a result of electronic search by reason of inheritance, judgment, marriage, etc.

(Article 10, Paragraph 1, Item 7 of the General Terms of Contracts).

The Defendant’s external grandchildren D moved into the instant apartment on June 13, 2006 and became the Defendant’s member of the household. On July 21, 2017, the Plaintiff acquired the ownership of Dongdaemun-gu Seoul Dongdaemun-gu Seoul Building G head (hereinafter “Separate Housing”) and reported the move-in of the instant apartment on August 18, 2017.

After that, the plaintiff confirmed the defendant's separate house ownership of D's household members due to computer search and demanded the defendant to vindicate it. The defendant submitted a copy of D's resident registration card, entire certificate of registered apartment, and building register, but the plaintiff notified that the lease contract is terminated as of November 14, 2017 pursuant to Article 10 (1) 7 of the lease contract on November 14, 2017, and on February 2018.