beta
(영문) 대전지방법원천안지원 2014.11.20 2013가단105997

건물명도

Text

1. The Plaintiff:

A. Defendant A’s real estate listed in Annex A’s Schedule 1;

B. Defendant B shall set out in attached list No. 2.

Reasons

1. As to the defendant A and B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. As to Defendant C

A. 1) On June 13, 2012, the Plaintiff is an apartment house listed in attached Table 3 (hereinafter “instant rental house”) between the Defendant and the Defendant, and the publicly constructed rental house indicated in attached Table 3 (hereinafter “instant rental house”).

(2) According to the instant lease agreement, the Plaintiff may terminate the lease agreement in cases where the lessee becomes to own another house during the instant lease agreement period, from June 13, 2012 to July 31, 2014, with a deposit of KRW 1,902,00, monthly rent of KRW 39,050.

(Article 10(1)7 of the General Conditions for Contracts (hereinafter “instant termination clause”) is prescribed.

3) As a result of the computerized search on whether the Plaintiff owned a house around 2013, D, who was the spouse of the Defendant, was an apartment apartment E in Busan Seo-gu (hereinafter “instant apartment”).

(4) The Defendant and D reported the divorce on August 19, 2013, when they came to know that they acquired on May 7, 2008.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1-10 and 3-2, the purport of the whole pleadings

B. On June 12, 2013 after the aforementioned computerized search, the Plaintiff’s summary of the Plaintiff’s assertion: (a) terminated the instant lease agreement pursuant to the terms and conditions of termination of the contract; and (b) notified the Defendant of the transfer of the instant rental housing by July 12, 2013; (c) however, the Defendant did not comply with the instant request.

C. In light of the purpose of the rental housing supply system to facilitate the smooth supply of permanent rental housing to homeless persons, and the purport of the system that limits the eligibility of lessee of the publicly constructed rental housing, it is possible for their spouse to have dealt with the same household as the householder before and after the lease period, and to achieve the future.