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(영문) 서울북부지방법원 2019.04.12 2018가단5543
건물인도
Text

1. The defendant shall deliver to the plaintiff the apartment as stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. The following facts of recognition shall be acknowledged, either in dispute between the parties or in combination with the purpose of the entire pleadings, as a whole, in each entry in Gap evidence of Nos. 1 to 3 (including evidence with a serial number):

A. On June 26, 1998, the Plaintiff, the owner of the real estate indicated in the order as a public construction rental housing (hereinafter “instant apartment”) concluded a lease agreement with the Defendant, setting the lease term from December 1, 2016 to November 30, 2018 (hereinafter “instant lease agreement”) with the term of lease, every two years since the lease of the instant apartment to the Defendant. The Defendant occupied the instant apartment by the time following the closing date of pleadings.

B. However, on May 18, 2016, D, who is the Defendant’s household member, completed the registration of ownership transfer based on the sale on March 14, 2016 with respect to the housing F of the building E (hereinafter “instant housing”), and completed the registration of ownership transfer based on the trust in the future of G Co., Ltd. (hereinafter “Nonindicted Company”) on the same day.

3. Where a lessee has committed an act falling under any of the following subparagraphs, the lessor may cancel or terminate this contract, or refuse to renew the lease contract:

1. Where he has rented a rental house by falsity or other illegal means; and

7. Where a lessee or a person who belongs to such household owns another house or obtains a prize in another rental house during the lease period of public construction rental housing constructed after obtaining approval for a project plan under the provisions of Article 16 of the Housing Act: Provided, That the relevant house shall be disposed of within six months from the date when he/she is notified of the disqualified person as a result of computer search by holding another house due to inheritance, judgment, marriage, or other unavoidable reasons;

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