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(영문) 서울중앙지방법원 2017.07.07 2017가단5076575 (1)

건물명도(인도)

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. Basic facts

A. On June 3, 2008, the Plaintiff, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) concluded a lease agreement between B and B with regard to the instant real estate with the term of the contract from July 1, 2008 to June 30, 2010, the term of the contract was 2,527,000 won, and the monthly rent was 44,820 won.

B. B died in around 2009, and C is the wife B.

C. As the above C’s words, the Defendant currently occupies and uses the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Determination as to the cause of action

(a) Article 31 (Special Cases concerning Selection, etc. of Residents of Permanent Rental Housing) (11) The Mayor/Do Governor or the Korea Land and Housing Corporation shall provide detailed matters concerning the qualifications for occupancy of permanent rental housing, selection of occupants, management, etc., occupancy contracts, management of occupants and evictions of permanent rental housing;

Matters necessary for the operation and management of permanent rental housing, such as construction, accumulation of special repair reserve, preservation of management expenses, etc., may be separately determined.

The definitions of terms used in this standard under Article 2 (Definitions) of the Standards for Operation and Management of Permanent Rental Housing (hereinafter referred to as the "Management Standards in this case") shall be as follows:

6. The term "recipient, etc." means a person who falls under subparagraphs 1 through 8 of Article 4;

A person who is eligible to move into a permanent rental house under Article 4 (Subject to Supply) shall be a person who has no house and falls under any of the following subparagraphs pursuant to Article 31 of the Rules on Housing Supply:

6. A person who has been issued a certificate of registration of disabled persons under Article 32 of the Welfare of Disabled Persons Act (such as a lease contract, etc.) (1) The management entity shall cancel or terminate the contract where the contractor is unable to maintain the contract due to his/her death or disappearance declaration pursuant to subparagraph 9 of Article 1

Provided, That Article 4 (1) through (8) shall apply to a homeless household residing in the relevant permanent rental house.