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(영문) 창원지방법원통영지원 2017.05.30 2017가단20288

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant A’s real estate listed in [Attachment A] No. 1],

B. Defendant C shall provide attached real estate.

Reasons

1. Determination of each claim against Defendant A, C, and D by the Plaintiff

A. Indication of claim: The description of the grounds for the claim against the pertinent Defendants in the attached Form.

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Determination as to the plaintiff's claim against the defendant B

(a) Recognizing facts, the following facts are either in dispute between the parties or in full view of the statements and the purport of the whole arguments in Gap evidence 1-2, Gap evidence 2-2, Gap evidence 4-1, 2, Gap evidence 5 and 6:

1) On July 16, 2009, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant B, setting the lease term of two years, lease deposit of 20,260,000 won, and the monthly rent of 121,560 won with regard to the real estate listed in the [Attachment 2] List of Real Estate (hereinafter “instant real estate”). The Defendant B is residing in the instant real estate from around that time until now. 2) The relevant provisions of the instant lease agreement are as follows.

Article 10 (Cancellation and Termination of Lease Contract) (1) Where a lessee has committed any of the following acts, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:

1. Where he/she has leased a rental house by fraud or other improper means;

2. Where he transfers the right of lease of a rental house to another person or subleases such rental house in violation of Article 19 of the Rental Housing Act.

3. Where he/she fails to move in within three months from the date on which the period of lease expires: Provided, That this shall not apply where the occupancy is delayed due to any cause attributable to the lessor;

4. Where the rent is in arrears for at least three consecutive months;

5. Where a rental house and its incidental facilities are reconstructed, expanded or altered without the consent of a lessor or used for any purpose other than its original purpose;

6. Where a lessee intentionally destroys or destroys a rental house and its incidental facilities;

7. Article 16 of the Housing Act;