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(영문) 대구지방법원 2017.04.05 2016가단122239
건물명도
Text

1. Defendant B shall order the Plaintiff, Daegu Suwon-gu C Apartment 501 Dong 1402.

2. The plaintiff's defendant A.

Reasons

1. Facts without dispute;

A. On January 4, 2013, the Plaintiff concluded a contract to lease No. 501 and No. 606 (hereinafter “instant one apartment”) to Defendant A, and on December 21, 2012, 501 and 1402 (hereinafter “instant two apartment”) to Defendant B, respectively, as the owner of each household of Daegu Suwon-gu C apartment, a rental housing, and leased the same to the Defendants from around that time.

B. According to the provisions of the Rental Housing Act, the Rules on Housing Supply apply mutatis mutandis to rental housing as stated in the attached statutes, and the Rules on Housing Supply provide that all members of a household including the head of a household (including the spouse and the spouse of the head of a household who are not registered in the same resident registration card as the head of a household) shall be qualified as those who will not own a house from the date of public announcement of invitation of residents until the date of occupancy.

C. However, Defendant A’s husband D acquired a house located in Suwon-gu, Busan on June 30, 2003, and so far, Defendant B owned a house located in the same household as Defendant B on September 27, 201, and Plaintiff F acquired 206 Dong G apartment 205 and owned it until December 4, 2013. Thus, the Defendants failed to meet the requirements for the homeless at the time of occupancy of each of the instant apartment units 1 and 2.

2. The Plaintiff’s assertion that each apartment house of this case 1 and 2 can be leased is limited to a homeless householder, and a homeless householder is the head of a household with no house owned by all the household members, including the head of the household. Defendant A owned another house. Defendant B also leased each apartment house of this case 1 and 2 even though the children who are the members of the household own different houses. Thus, the Plaintiff terminated the lease contract with the Defendants on the grounds of this, and sought the name of each apartment house of this case.

3. Determination

A. Attached to the relevant laws and regulations;

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