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(영문) 서울서부지방법원 2018.06.14 2017가단242716
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) Buildings listed in the attached Table 1 (hereinafter “instant rental housing”) (hereinafter “instant rental housing”).

(2) On March 29, 2017, the Plaintiff, as a public construction rental house, entered into a lease agreement between the Defendant and the instant rental house (hereinafter “instant lease agreement”) (hereinafter “instant lease agreement”) with the owner of the said building. On March 29, 2017, the Plaintiff entered into the said lease agreement between the Defendant and the Plaintiff and the owner of the said building (hereinafter “instant rental agreement”). The relevant provisions of the said lease agreement are as follows.

3. Where a lessee commits any of the following acts, a lessor may cancel or terminate such contract, or refuse to renew such contract:

7. Where a lessee or a person who belongs to him/her owns another house or occupies another house as a result of an electronic search, such as inheritance, judicial decision, marriage, etc., among the lease periods of public construction rental housing 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 as a result of electronic search, and where he/she acquires the right of lease on a first-come-served basis pursuant to the Rules on Housing Supply at the time of recruiting occupants of the relevant rental house

B. On May 12, 2017, the Plaintiff’s notification of the termination of the contract was found to have acquired the ownership of the Defendant’s lineal descendant B, who was registered as a member of the household in the instant rental housing, on May 12, 2017, as to the 1.402 Dong-dong Incheon apartment building (hereinafter “instant Incheon apartment”), and on September 7, 2017, Article 10(1)7 of the instant lease agreement and Article 25(2)1 of the Enforcement Rule of the Special Act on Public Housing.

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