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(영문) 서울북부지방법원 2018.02.23 2017가단15840

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 August 17, 1994, the Plaintiff continued to renew the term of the contract since the lease of real estate listed in the separate sheet (hereinafter “instant rental housing”) that is a public construction rental house to the Defendant. However, on July 27, 2015, the Plaintiff concluded a lease agreement (hereinafter “instant lease agreement”) to renew the term of the contract by July 31, 2017.

B. The following provisions are stipulated in the lease contract prepared at the time of the conclusion of the above lease contract:

3. Where a lessee has committed an act falling under any of the following subparagraphs, the lessor may cancel or terminate this contract, or refuse to renew the lease contract:

7. Where a lessee or a person belonging to him/her owns another house during the lease period of public construction constructed with the approval of a project plan under Article 16 of the Housing Act: Provided, That this shall not apply where he/she disposes of the relevant house within six months from the date he/she is notified of the disqualified person as a result of computer search because he/she owns another house due to inheritance, judgment, marriage, or other unavoidable reasons, and where he/she acquires the right of lease by the first-come-served method in accordance with the Rules on Housing Supply at the time of recruiting occupants of the relevant

C. The Defendant was residing in the instant rental housing unit B (C) and the household that was a child. On September 2, 2015, the Plaintiff sent a content-certified mail to the effect that “The Plaintiff sent the instant rental housing unit by December 5, 2016, as of December 5, 2016, following the fact that the lessee (including household members) was in possession during the lease term.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 are available.