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(영문) 서울동부지방법원 2015.05.28 2014가단17740

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. From December 9, 2005, the Plaintiff newly concluded a lease agreement (hereinafter “instant lease agreement”) with the Defendant by setting the lease deposit amount of KRW 12,730,00,00 as between the Defendant and the Defendant on May 31, 2012, as between the lease deposit amount of KRW 12,730,00, monthly rent of KRW 200,30, and the lease term of KRW 200,30 as of December 31, 2013, which is owned by the Seoul Special Metropolitan City Urban Development Corporation and supplied to the Defendant without any house, as the owner of the publicly constructed rental house (hereinafter “instant apartment”). The main contents of the instant lease agreement are as follows.

3. Article 10 (Cancellation and Termination of Lease Agreements) (1) of the General Conditions for Contracts (i) If the Defendant committed any of the following acts, the Plaintiff may cancel or terminate the instant lease contract, or refuse to renew the lease contract:

7. Where he/she owns another house during the term of lease of the publicly constructed rental house constructed with approval for 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 of notification as disqualified as a result of computer search by reason of inheritance, judgment, marriage, or other unavoidable reasons;

B. Meanwhile, on March 10, 201, the Defendant’s husband and wife B completed the move-in report on the instant apartment on March 10, 201, and transferred the apartment to Da, 101 Dong 1522 on April 1, 2013.

C. B completed the registration of ownership transfer on April 25, 2012 regarding D Apartment 102 and 207, which was before the instant lease term, on the grounds of sale and purchase. On September 24, 2013, B transferred ownership to E. The registration of ownership transfer was completed on November 13, 2012 during the lease term, and transferred all ownership to a third party, such as G and H, etc. on January 31, 2013.

On November 25, 2013, the Plaintiff is the Defendant.