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(영문) 대구지방법원서부지원 2016.11.16 2015가단40306

건물명도

Text

1. The Defendants shall deliver to the Plaintiff the Daegu Suwon-gu Suwon-gu F apartment No. 103, No. 711, 711.

2...

Reasons

1. Facts of recognition;

A. On December 9, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with G on December 16, 2013, setting the deposit amount of KRW 1,964,00, KRW 400, KRW 400, KRW 400, and December 31, 2015, with respect to the Frandong-gu No. 103-dong No. 711 (hereinafter “instant apartment”) that constitutes a public construction rental house under the Special Act on Public Housing.

[General Conditions for Contracts] Article 10 (Cancellation and Termination of Lease Contracts) (1) Where a lessee has committed an act falling under any of the following subparagraphs, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:

1. Where he/she has leased a rental house by fraud or other improper means;

6. Where a lessee, spouse, or any member of a household owns another house during the term of lease of a rental house: 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 disqualified as he/she becomes disqualified due to his/her ownership of another house due to inheritance,

[Special Conditions for Contract] Article 13 (Other Matters not specified in this Agreement shall be governed by the Rental Housing Act, the Regulations on Housing Supply, the Regulations on the Operation of Permanent Rental Housing in Daegu Metropolitan City, and the Regulations on Rental Housing in Daegu Urban Corporation.

B. The Plaintiff and G agreed in the instant lease agreement as follows.

C. On January 23, 2016, G died with the remaining Defendants, who are Defendant A and their children, as their successors.

[Judgment by service by public notice of the court below (Article 208 (3) 3 of the Civil Procedure Act)]

2. The Plaintiff’s determination on the cause of the claim confirms that Defendant B, a member of G’s household, owns a separate house, and the duplicate of the complaint of this case.