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(영문) 서울남부지방법원 2016.08.19 2015가단67004

건물인도

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds for the plaintiff's claim are as shown in the annexed sheet.

2. Judgment on the plaintiff's assertion

A. On January 15, 1993, the real estate listed in the attached list is a public construction rental house for which the Plaintiff completed the registration of ownership preservation on the real estate listed in the attached list in the Plaintiff’s name. The Defendant, a homeless, started to reside after completing the move-in report on the said real estate on December 29, 1992, and then renewed the lease contract with the Plaintiff on a two-year basis. On January 19, 2015, the lease was renewed under the same conditions as indicated in the reasons for the claim in the attached list.

According to the above lease contract, where a lessee becomes to own another house during the lease period (excluding cases where he/she disposes of the relevant house within six months from the date he/she was notified of disqualified person as he/she owned another house due to inheritance judgment, marriage, or other unavoidable reasons), the lessor may terminate the lease contract or refuse to renew the lease contract (Article 10(1)7 of the General Conditions of the contract; hereinafter “instant termination clause”). If the lease contract is terminated or terminated for this reason, the lessee shall restore the rental house to its original state and order the lessor to do so within one month.

(Article 10(1) of the Special Conditions for Contracts is set out.

On November 4, 1959, the defendant married with B on November 4, 1959, and had C (D)(E), E (F), G (H) and I (J) as his child between B and B.

On the other hand, B is mixed with K (L).

The Defendant transferred to Yeongdeungpo-gu Seoul Metropolitan Government M on July 6, 1976, to the “Seoul Metropolitan Government N” on May 3, 1982, to the “Seoul Guro-gu N” on November 13, 1983, to the “Seoul Guro-guO” on May 25, 1992, to the “Seoul Guro-gu P apartment 1203 Dong 406,” and to the “Seoul Guro-gu Q” on October 29, 1992, after moving to the “Seoul-gu Q” on December 29, 1992.

B was transferred to "Yanyang-si R" on September 3, 1982, but it was transferred to "Yan-si S" on December 30, 1987, and thereafter several times to the neighboring address of the above S.