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(영문) 서울중앙지방법원 2017.08.29 2017가단37889

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. On August 27, 2015, the Plaintiff entered into a lease renewal contract (hereinafter “instant lease contract”) with the Defendant and the Plaintiff as well as with respect to the building listed in the attached list owned by the Plaintiff (hereinafter “instant apartment”) until August 31, 2017, with respect to the lease deposit amounting to KRW 43,040,00, the rent amounting to KRW 314,300, and the lease terming to August 31, 2017. Under Article 10(1)7 of the General Conditions of the contract, the Plaintiff may terminate the lease contract or refuse to renew the lease contract if the Defendant, the lessee, or a person who belongs to such household, owns another house during the lease term of the instant apartment, or occupies another house, due to an inheritance judgment or marriage, or any other unavoidable reason, and disposes of the relevant apartment within six months from the date of being notified to the disqualified as a result of electronic search, or if the lease was acquired by a first-come method under the Rules on Housing Supply at the time of the relevant Rental.

B. After that, the defendant had resided in the apartment of this case with grandchildren B who are members of the household, and Eul purchased the house located in Mapo-gu Seoul Metropolitan Government on March 10, 2016 and the same year.

5. 31. Its ownership was acquired, and the same year

6. 17. A moving-in report was made to the above C Housing located.

C. On November 11, 2016, the Plaintiff confirmed that the ownership of the instant apartment was acquired, and sent to the Defendant a letter verifying that “B’s ownership of the instant apartment was verified and the said lease was terminated as of November 11, 2016 pursuant to Article 10(1)7 of the instant lease agreement, and until February 10, 2017, the instant apartment was delivered to the Defendant.” The said mail reached the Defendant around that time.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. Determination

A. Determination as to the cause of the claim.