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(영문) 서울중앙지방법원 2018.08.22 2017나58801

건물명도

Text

1. Revocation of the first instance judgment between the plaintiff and the defendant B, and the plaintiff's claim against the defendant B is dismissed.

2...

Reasons

1. Basic facts

A. On July 31, 2012, the Plaintiff, as a head of a homeless household as of July 31, 2012, determined that “a person meeting the criteria for the possession of all real estate (land and buildings) owned by the pertinent household does not exceed 126,00,000 won on the aggregate of the values of all real estate (land and buildings) owned by the said household, as a head of a homeless household and all of his/her household members are homeless, and not more than three household members, as of July 31, 2012, the Plaintiff announced the public announcement of the recruitment of national rental housing.”

B. (1) above (A)

On November 30, 2012, Defendant A entered into a lease agreement (hereinafter “instant first contract”) with the Plaintiff on the real estate listed in the attached Table No. 1 (hereinafter “real estate No. 1”) as indicated in the attached Table No. 40,300,000, monthly rent of KRW 316,000, and the scheduled date of occupancy on December 2013. Under the first contract of this case, the lessee may renew the lease agreement on a two-year basis (such as a non-house owner, asset ownership, income, and requirements for restricting the scale of a single-household house) based on special conditions. (Article 1(1)); and (2) “Notwithstanding paragraph (1), a lessor may renew the lease agreement by applying the rate stipulated in the relevant laws and regulations on rental housing to the extent that the lessee exceeds the income standard among the national rental housing qualified for occupancy in the leased housing.”

At the time of the conclusion of the instant first contract, Defendant A promised that “In entering into an agreement on national rental housing, the principal and all members of the household undertake that the price of real estate (+land) less than KRW 126,00,000 and the present value of the automobile does not exceed KRW 24,670,00,000, and that the said amount shall be the same as the result of the search of real estate assets conducted by the return corporation.

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