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(영문) 인천지방법원 2018.10.10 2018가단200715
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant A real estate listed in the separate sheet;

B. Defendant B is indicated in the separate sheet No. 2.

Reasons

1. Determination as to the claim against Defendant G

A. 1) On January 19, 2015, the Plaintiff and the Defendant indicated on the attached list 7 real estate (hereinafter “instant apartment”) between the said Defendant and the Plaintiff.

As to the term of lease from February 1, 2015 to January 31, 2017, the term of lease is 24,909,000 won (a deposit of KRW 13,00,00) and 211,060 won (a deposit of KRW 124,390 at the time of application of conversion deposit) monthly rent (hereinafter “instant lease agreement”).

(2) A contract special condition of the instant lease can be renewed on a two-year basis, but at the time of renewal, the lessee is required to maintain the occupancy qualification of national rental housing (such as non-family members, asset holding criteria, income criteria, and requirements for restricting the scale of a single-household housing).

3) As a child of Defendant G, H, who is a member of the instant apartment complex, purchased on October 1, 2015, Seo-gu Incheon, Seo-gu I underground floor 2, and completed the registration of ownership transfer on October 14, 2015. 4) A notice stating that the said Defendant cannot renew the instant lease contract due to his/her ownership of a house by a household member of Defendant G, was served on the Defendant on January 10, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1-9, Gap evidence 2-9, Gap evidence 3-1 through 6, the purport of the whole pleadings

B. According to the above recognition, the instant lease contract was terminated on January 31, 2017.

Therefore, the above defendant is obligated to deliver the apartment of this case to the plaintiff.

2. As to the plaintiff's assertion, such as the plaintiff's statement in the attached Form of claim as to the remaining defendants' claims, it shall be deemed that the plaintiff and defendant A, C, D, E, and F have led to confession under Article 150 of the Civil Procedure Act.

3. Conclusion, the Plaintiff’s claim against the Defendants is justified.

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