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(영문) 서울북부지방법원 2018.01.16 2017가단107831
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 June 23, 1992, the Plaintiff leased the instant rental housing (hereinafter “instant rental housing”) to the Defendant, who is a head of a homeless household (the head of a household, including the head of a household, who does not own a house) (hereinafter “the instant rental housing”); and thereafter, the instant lease contract continued to be renewed on November 21, 2014, and was renewed until November 30, 2016.

B. From October 192, the defendant moved to the rental house of this case from October 1992 and has moved to the house of this case until now.

C. According to the instant lease agreement, in cases where a lessee or a person who belongs to his/her household owns another house during the lease period of a public construction rental house (excluding cases where the lessee disposes of the relevant house within six months from the date on which he/she was notified of non-qualified person as a result of computer search because he/she owned another house due to inheritance or other unavoidable reasons) the lessor may terminate the lease contract (Article 10(1)7 of the General Terms and Conditions of the contract). If the lease is terminated due to such reasons, the lessee shall restore the rental house to its original state and order the lessor to do so within one month (Article 9(1) of the Special Terms and Conditions of the contract).

On October 27, 1992, B, who was the Defendant, filed a move-in report on the instant rental housing on October 27, 1992, but was married with C, on May 19, 2003, he transferred D apartment 106 Dong 1406 (hereinafter “D apartment”) to D apartment 106 Dong 1406 (hereinafter “D apartment”), and completed the registration of ownership transfer on June 8, 2007 for E apartment 103 Dong 1101 (hereinafter “E apartment”).

Meanwhile, B and C filed a move-in report on June 13, 2007 from D apartment to E apartment, and on March 12, 2008, B transferred the instant rental housing to E apartment again on April 25, 2008.

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