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(영문) 서울중앙지방법원 2018.06.20 2017나76632
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On September 23, 2015, the Plaintiff (hereinafter “Plaintiff”) entered into a lease agreement between the Defendant and the Plaintiff for the lease deposit amounting to KRW 1,580,000, KRW 38,800, and KRW 38,800, and the lease period as of September 30, 2017 (hereinafter “instant lease agreement”).

Article 10 (1) 7 of the General Conditions of the instant lease agreement provides that the Plaintiff may cancel or terminate the instant lease agreement, or refuse to renew the relevant lease agreement, in cases where the lessee or a person who belongs to such household owns another house or the winning it in another rental house during the lease period of the publicly constructed rental house constructed with the approval of a business plan under the provisions of Article 16 of the Housing Act (Provided, That this shall not apply to cases where the relevant house is disposed of within six months from the date of being notified as disqualified as a result of computer search because he/she owned another house due to inheritance, judicial decision, marriage, or any other inevitable reason, such as marriage, and cases where he/she acquired the lease right on a first-come-served basis

B. B, a member of the Defendant’s arche household, the Korea Land and Housing Corporation (LH Corporation) won a rental apartment in Gangnam-gu, Seoul, which is a business entity, at 311 Dong 703, and occupied the said apartment on May 12, 2016.

C. The plaintiff was above B.

Along on September 12, 2016, the defendant confirmed the facts of the claim and demanded the defendant to submit the documents to the plaintiff, but until this time, B still constitutes the same household based on the defendant and the resident registration.

On September 23, 2016, the Plaintiff, on September 23, 2016, refers to the Defendant’s residence in the instant apartment.

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