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(영문) 서울중앙지방법원 2017.07.06 2017가단37063
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On December 18, 2014, the Plaintiff was a local public enterprise managing the instant building, which is a public rental housing unit owned by Seoul Special Metropolitan City, and entered into a lease contract with the Defendant for a fixed term of KRW 1,123,00,00, monthly rent of KRW 149,900, and two years (hereinafter “instant lease contract”). Accordingly, the Defendant is occupying the instant building upon delivery.

(2) Article 10(1)7 of the instant lease agreement provides that “B” or a person belonging to that household shall own another house during the lease period of public construction rental housing constructed by the Plaintiff with the approval of a project plan under Article 16 of the Housing Act or occupy a house after winning it in another rental house: Provided, That this does not apply where the Plaintiff disposes of the relevant house within six months from the date of notification as disqualified as a result of computer search due to inheritance, marriage, or other unavoidable reasons, and where the Plaintiff acquired the right of lease on a first-come first-served basis in accordance with the Rules on Housing Supply at the time of recruitment of occupants of the relevant rental housing.

B. On March 19, 2015, the Defendant Company C, who acquired the ownership of the instant building, was living together with the Defendant and the instant building, completed the registration of transfer of ownership with F on March 19, 2015 as to No. 3 Dong 1005, Songpa-gu Seoul, and 1/2 shares, and completed the report of transfer to the said building on March 27, 2015, after filing a marriage report with F on March 27, 2015.

C. On December 6, 2016, the Plaintiff’s notice of termination was confirmed to have owned another house during the lease contract period after examining the evidence submitted by the Defendant to the Defendant.

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