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(영문) 서울남부지방법원 2017.06.21 2017가단2438
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. On December 14, 1993, the Plaintiff continued to renew the term of the contract since the lease of the real estate listed in the separate sheet (hereinafter “instant rental housing”) that is public construction rental housing to the Defendant. On June 21, 2016, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the content that the term of the contract is renewed until June 30, 2018.

B. The following provisions are stipulated in the lease contract prepared at the time of the conclusion of the above lease contract:

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:

7. Where the "Lessee" or a person who belongs to such household owns another house or occupies another house by winning it in another house during the lease period of public construction constructed with the approval of the project plan pursuant to the provisions of Article 16 of the Housing Construction Promotion 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 computer search by holding another house due to inheritance, judgment, marriage, or other unavoidable reasons, and where he/she acquires the right of lease on a first-come-first-served basis in accordance with the rules on housing supply at the time

C. The Defendant was living in the instant housing unit B and C (D) as a child, and on December 21, 2015, the Plaintiff sent a content-certified mail to the effect that the instant rental housing was owned by the Defendant as of October 1, 2016, since C discovered that “the ownership was owned by the Defendant,” as of October 10, 2016, and that the instant lease agreement was terminated as of October 1, 2016, the Plaintiff sent the instant rental housing as of December 31, 2016.

[Ground of recognition] Unsatisfy, A(1) through (3).

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