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(영문) 수원지방법원성남지원 2019.10.30 2018가단231498
건물명도(인도)
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 Plaintiff is a lessor of an apartment building listed in the attached Table, which is the publicly constructed rental housing prescribed in the former Rental Housing Act (hereinafter “instant apartment building”). The Defendant first concluded a lease agreement with the Plaintiff and renewed it every two years during the lease agreement with the Plaintiff on December 23, 201. As such, on December 31, 2015, the term of the contract was from January 1, 2016 to December 31, 2017, and entered into a lease agreement with the Plaintiff (Renewal).

B. According to Article 10(1)1 and 7 of the General Conditions of the Lease Contract between the Plaintiff and the Defendant, where the Defendant was leased a rental house by fraud or other improper means, or where the Defendant owned another house during the lease contract period, the Plaintiff may terminate the contract or refuse to renew the contract. According to Article 15 of the Special Conditions of the Lease Contract between the Plaintiff and the Defendant, the said lease contract is subject to the Rental Housing Act and the Rules on Housing Supply, etc.

C. At each time the above lease contract is renewed, the defendant presented to the plaintiff a written oath stating that "I will not raise any objection against measures such as the cancellation of a contract for housing supply and the cancellation or termination of a lease, if it is found as a result of the computerized search on the current status of housing ownership that all members of the household including the principal and the spouse (including the spouse and the spouse's household members not listed in the resident registration card of the same household as the principal and the spouse) did not own the house as of now, and will not own the house by not later than the time before the occupancy, but after the occupancy of the house."

However, on January 23, 2009, the defendant's mother-friendly B acquired the ownership of the land C and the housing of the second floor in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, and on September 5, 2014, transferred the apartment of this case to the apartment of this case.

E. The Plaintiff on October 2017

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