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(영문) 서울중앙지방법원 2014.09.19 2013가단315970
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The instant housing is a publicly constructed rental house constructed with the financial support from the State or local governments and from the National Housing Fund for the stabilization of housing for the beneficiaries of the National Basic Living Security Act and the homeless people.

B. On August 10, 2005, the Plaintiff, the owner of the instant housing, entrusted the management thereof by Seoul Special Metropolitan City, and renewed the lease contract (hereinafter “instant lease contract”) with the Defendant, who leased and used the instant housing from around August 10, 2005, by setting the lease deposit amount of KRW 28,040,000 as of August 23, 201, and by August 31, 2013.

C. Article 10(1)7 of the instant lease agreement provides that where a lessee owns another house during the lease period of public construction rental housing constructed with the approval of a project plan under Article 16 of the Housing Act, the Plaintiff may cancel or terminate the lease contract, or refuse to renew the lease contract.

From August 10, 2005, the Defendant’s wife B had the Defendant’s resident registration as the Defendant’s household member and resided with the Defendant in the instant house. On April 10, 2012, after the conclusion of the instant lease agreement, the Defendant acquired the ownership of the C Building No. 106, Dong 702 (hereinafter “instant separate house”), but sold the instant separate house on April 16, 2013, and on July 29, 2013, the Defendant transferred the instant separate house as Seoul Western-gu D.

E. The Plaintiff confirmed that B acquired the instant separate housing after the renewal of the instant lease agreement, and then sent a notice to the Defendant on August 30, 2013, pursuant to Article 29 of the Rules on Housing Supply and Article 10(1)7 of the General Conditions on the instant lease agreement, the instant lease agreement was terminated as of August 30, 2013. As such, the Plaintiff sent a notice to the Plaintiff to order the instant housing within one month.

[Ground of recognition] dispute.

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