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(영문) 서울중앙지방법원 2019.03.07 2018가단23566

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 around November 192, 192, the Defendant: (a) leased real estate listed in the separate sheet, which is the public rental housing owned by the Plaintiff (Seoul Special Metropolitan City Urban Development Corporation before changing the name), and (b) concluded a lease agreement between the Plaintiff and the Plaintiff on November 29, 2016 (hereinafter “instant lease agreement”) between the lease deposit amount of KRW 9.5 million; (c) monthly rent of KRW 100,000; and (d) January 1, 2017 to December 31, 2018 (hereinafter “instant lease agreement”).

B. The part related to the instant lease agreement and the summary of the Rules on Housing Supply applicable to the instant lease agreement (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 565, Dec. 11, 2018) are as follows.

Article 10 (Cancellation and Termination of Lease Contract) (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 has rented a rental house by falsity or other illegal means; and

7. Where a lessee or a person who belongs to his/her household owns another house during the lease period or occupies another house as a result of winning in another rental house: Provided, That this shall exclude cases where he/she disposes of the relevant house within six months from the date of notification as disqualified as a result of computer search because he/she owns another house due to inheritance, judgment, marriage, or other unavoidable reasons;

Article 2 of the Rules on Housing Supply

4. A homeless household member means a householder, a household member, and a household member of which all of the following persons do not own a house, and a household member:

B. On October 19, 2016, the Defendant’s ASEAN filed a move-in report with the instant apartment as the resident registration place, and transferred the instant apartment to another place on December 20, 2017.

On the other hand, C on December 15, 2016, immediately after the move-in report, on December 15, 2016, 1/2 shares of EF (hereinafter “instant housing”).