건물명도(인도)
1. The defendant, among the second floor of the real estate stated in the attached Form, shall be classified into Annex 1, 2, 3, 4, 5, 6, and 1.
1. Facts of recognition;
A. On September 22, 2008, the Plaintiff entered into a lease agreement with C on August 22, 2010 with regard to the lease deposit amount of KRW 3,00,000,00, and the lease term of KRW 3,14,000,00 with regard to the portion of subparagraph B, which successively connects each point of subparagraph 1, 2, 3, 3, 4, 5, 5, 6, 1, and 38.22 square meters in the ship, among the real estate in the attached Form 2, which is the public rental housing owned by the Plaintiff (hereinafter “the instant rental housing”). On August 23, 2010, the Plaintiff entered into a renewal agreement with C to increase the lease deposit of KRW 3,14,00.
(hereinafter “instant lease agreement”). According to Articles 49-3 and 49-4 of the Special Act on Public Housing, which apply to the instant lease agreement, Article 47 of the Enforcement Decree of the same Act, and Article 10(1)2 of the General Conditions for Standard Rental Agreement, the Plaintiff, a lessor, may cancel or terminate the relevant lease agreement, or refuse to renew the relevant lease agreement, in cases where the lessee transfers the right of lease of public rental housing to another person or sub-leases
B. The Defendant, not the lessee C, resides in the instant rental house.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendant, who is not a lessee, is an unauthorized occupant, and is obligated to deliver the instant rental house to the Plaintiff as the lessor and the lessor.
B. If the Defendant’s summary of the Defendant’s assertion meets the occupancy conditions stipulated under the Special Act on Public Housing, the Plaintiff shall allow the Defendant to continue to reside in the instant rental housing.
The defendant operates the hospital business.
Since the debtor, who was in the welfare foundation around April 2012, was in bankruptcy, was transferred to the defendant as the instant rental house, and became residing there voluntarily, it is not voluntary living in the instant rental house.