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(영문) 서울북부지방법원 2015.10.16 2015가단15228

건물명도

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. Facts of recognition;

A. On May 25, 1990, the Plaintiff concluded a lease agreement with the Defendant on the real estate stated in the attached list (hereinafter “instant apartment”) on the premise that the Defendant is a homeless householder, and renewed it every two years.

B. On June 24, 2013, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant and the instant apartment by setting the lease deposit amount of KRW 26,840,00, KRW 22,400 per month, and the lease period of KRW 30,60 per June 30, 2015. Article 10(1)7 of the lease agreement provides for the grounds for termination of the lease agreement.

C. On August 8, 2014, the Defendant acquired B apartment Nos. 113 and 201 in his/her name, and on March 17, 2015, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground of housing possession.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. A lessee of a house to be supplied preferentially to a homeless householder in determining the cause of the claim shall maintain the requirements as a homeless householder within the term of lease;

(See Supreme Court Decision 2008Da3848 Decided May 29, 2008, etc.). As seen earlier, the Defendant lost the requirements for the tenant as a head of a homeless household by acquiring B apartment houses during the instant lease agreement period. As such, the instant lease agreement was lawfully terminated on March 2015, where the Plaintiff’s declaration of termination reaches the Defendant.

Therefore, the defendant is obligated to deliver the apartment of this case to the plaintiff.

3. If so, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.