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(영문) 서울북부지방법원 2018.10.19 2018가단6300

건물인도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. On September 1, 2015, the Plaintiff entered into a lease agreement with the Defendant, setting the lease period from September 7, 2015 to November 30, 2017 (hereinafter “instant lease agreement”).

B. The following provisions are stipulated in the lease contract prepared at the time of the conclusion of the above lease contract:

3. Where a lessee has committed an act falling under any of the following subparagraphs, the lessor may cancel or terminate this contract, or refuse to renew the lease contract:

7. Where a lessee or a person belonging to him/her owns another house during the lease period of public construction constructed with the approval of a project plan under Article 16 of the Housing Act: Provided, That this shall not apply where he/she disposes of the relevant house within six months from the date he/she is notified of the disqualified person as a result of computer search because he/she owns another house due to inheritance, judgment, marriage, or other unavoidable reasons, and where he/she acquires the right of lease by the first-come-served method in accordance with the Rules on Housing Supply at the time of recruiting occupants of the relevant rental house

4. A lessor under Article 1 (Renewal of Lease Agreements) of the special conditions for a lease may renew the lease contract on a two-year basis, which satisfies the requirements for occupancy of purchased rental housing under the Acts and subordinate statutes related to the rental housing;

A homeless householder means a householder of a household in which all members of the household, including the householder, do not own a house.

Article 10 (Cancellation or Termination of Contracts) Where a lease contract is canceled or terminated due to any cause referred to in each subparagraph of Article 10 (Cancellation or Termination of Contracts), the lessee shall restore the rental housing to the original state and order the lessor to do so within one month.

C. The Defendant on January 2016