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(영문) 서울남부지방법원 2015.12.17 2015나6628

건물명도

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. Determination

A. The Plaintiff asserted by the parties, as the Defendant’s son B, who owns another multi-household 202, became the Defendant’s household members, the Defendant was unable to maintain the requirements as a head of a homeless household, and thus was disqualified from the requirements of

Therefore, the reason for termination under the instant lease agreement constitutes “the case of owning another house during the term of lease,” but such fact constitutes “the case of leasing a rental house by a false or other unlawful means,” which is the reason for termination under the instant lease agreement, and thus, it constitutes “the case of leasing a rental house by a false or other unlawful means,” which is the reason for termination under the instant lease agreement, and even if the Plaintiff entered into the last lease agreement through multiple renewals, it can be considered as the ground for termination of the contract or rejection of renewal after becoming aware of such fact. As such, the instant lease agreement was terminated around October 14, 2014, in which the Plaintiff’s declaration of termination was delivered to the Defendant, and thus, the Defendant is obligated to deliver the

As to this, the defendant asserts that B, who is the one of the houses, temporarily made a move-in report on the apartment in this case, and did not actually have resided in the apartment in this case, and therefore, it does not constitute "the case of lease of rental housing by false or other unlawful means" which is the reason for

B. The lessee of the publicly constructed rental house, which is supplied first to the homeless household owners, shall continue to meet the requirements of the homeless household owners during the term of lease, and if not, he/she shall lose the requirements of the tenant, and the lessee shall also do so.