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(영문) 서울북부지방법원 2020.11.24 2019가단14940
건물명도
Text

The plaintiff's claim is dismissed.

Costs of lawsuit shall be borne individually by each person.

Reasons

1. Basic facts

A. On September 28, 2006, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant on September 28, 2006 (hereinafter “instant real estate”).

A) A lease agreement was concluded on November 30, 2008 with the term of lease fixed to be leased to the Defendant, and the said lease agreement was renewed every two years thereafter (hereinafter referred to as “instant lease agreement”).

(2) The contents of the instant lease agreement finally renewed between the Plaintiff and the Defendant regarding the instant real estate are KRW 11,180,000, monthly rent of KRW 152,600, and the term of lease from December 1, 2018 to November 30, 2020.

B. (1) On October 26, 2017, the Plaintiff discovered that D, the Defendant’s spouse, obtained ownership of the housing located in the Jeon Chang-gun, North Korea on October 26, 2017 through computerized search on the current status of the ownership of the housing, and the lessee or a person to whom the lessee or the household belongs, owned another house during the term of the lease, notified the Defendant of the termination of the instant lease agreement on April 12, 2019, pursuant to Article 10(1)7 of the instant lease agreement that allows the lessor to terminate the contract, where the lessee or the person to whom the lessee or the household belongs owns the other house during the term of the lease.

2. Comprehensively taking account of the overall purport of arguments in evidence Nos. 2 through 4, the following facts can be acknowledged: (a) in the instant lease agreement between the Plaintiff and the Defendant, where a lessee or a person to whom the said household belongs owns another house during the lease period (Article 10(1)7), the lessor has a provision under which the lessor may terminate the contract (Article 10(1)); and (b) from October 26 to July 20, 2018, where D, the Defendant’s spouse, has been maintaining the instant lease agreement.

However, rental housing is supplied smoothly to homelesss.

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