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(영문) 서울동부지방법원 2020.04.24 2019가단137380

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. A house listed in the attached list (hereinafter “instant house”) is a house owned by the Plaintiff and supplied for a long time for the stabilization of the dwelling of low-income ordinary people under the Rental Housing Act.

B. On October 24, 2016, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 116,270,000 for the instant housing and the period from November 1, 2016 to October 31, 2018 (hereinafter “instant lease agreement”).

C. According to Article 1(1) of the Special Conditions for the instant lease agreement, the lessor is entitled to take occupancy under the Rental Housing-Related Acts and subordinate statutes;

2. Income standards or below:

3. The standard value of real estate possession below that;

4. The lease contract may be renewed on a two-year basis with a lessee maintaining less than the standard value for motor vehicle possession.

Where a lessee exceeds the income standards among the qualifications for occupancy, the contract may be renewed with a rental deposit calculated by applying the premium rate specified in the relevant Acts and subordinate statutes of rental housing: Provided, That where the amount of excess of income exceeds the standards prescribed in the relevant Acts and subordinate statutes of rental housing, the lessor shall take measures to leave within six months from the expiration date of the lease period

"D........"

On June 2018, the Plaintiff demanded the Defendant to submit documents required for the qualification examination for the renewal of the instant lease agreement, and the Plaintiff came to know that the standard income standard for the occupants of public housing publicly announced at the time of re-contract of base income: 70% of average monthly income per household of urban workers and 3,501,813 won if the standard income of three or less households exceeds 50% of average monthly income per household of urban workers, the Plaintiff becomes subject to eviction within six months from the expiration date of the lease term.

E. In order to determine whether to conclude a re-contract around October 2018, the income of Defendant households is 150% of the base income of three city workers as a result of the verification of the government-wide social security information system.

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