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(영문) 수원지방법원안산지원 2016.10.26 2016가단56809

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. Basic facts

A. On December 19, 200, the Plaintiff leased the instant apartment to B, a public construction rental house (hereinafter “instant apartment”), and if B subleases the instant apartment to another person in violation of the provisions of the Rental Housing Act, the Plaintiff may terminate the lease contract, and in such case, B promised to deliver the instant apartment to the Plaintiff within one month from the date of termination.

(hereinafter “instant lease agreement”). B.

On November 17, 2014, the Defendant made a move-in report to "household" on the apartment of this case to his father.

【Fact-finding without a dispute over the grounds for recognition】 Facts, Gap evidence 1, 2, 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The plaintiff 3 is as follows.

B. Defendant B is living together with the Defendant, who is his father, in the apartment of this case.

On the other hand, B had another house since the lease contract of this case, but it became difficult to obtain conversion of the apartment of this case for sale in lots.

Accordingly, B is only a change in the name of the householder of the apartment in this case, who is a homeless person, in temporarily in order to purchase the apartment in this case.

Therefore, since the defendant did not sublease the apartment of this case to the defendant, it is unreasonable for the plaintiff to terminate the lease contract of this case.

3. Determination

A. The facts of recognition B had been possession of broad time C, 107 Dong 1104 (hereinafter “C apartment”) before entering into the instant lease agreement, and both the Defendant, B, and the Defendant’s mother on August 4, 1998 filed a move-in report on the said apartment.

B A moving-in report was made on October 25, 2001 to the apartment of this case, and on November 4, 2003, he transferred to the E 3rd house in Gunpo-si on November 4, 2003, and again made a moving-in report to the C Apartment on February 26, 2004.

F made a move-in report on November 8, 2001 to the instant apartment, and the Plaintiff was living in F and his family members (spouse G, children H, I) in the instant apartment in the course of the occupant’s fact-finding survey on October 2012.

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