logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2014.11.21 2014가단32041
건물명도
Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

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

3.Paragraph 1.

Reasons

1. Basic facts

A. On February 29, 2012, the Plaintiff, as a rental business operator of publicly constructed rental housing, leased the building attached to the Defendant (hereinafter “instant building”) with a deposit of KRW 12,576,00, monthly rent of KRW 89,080, and the period of KRW 2 years.

(hereinafter “instant lease agreement”). B.

Article 10 of the General Conditions of the instant lease agreement provides that a lessor, who is a lessor, may cancel or terminate the instant lease agreement. Paragraph (1)7 of the same Article provides that “Where a lessee owns another house during the term of lease for publicly constructed rental housing constructed with the approval of a project plan under Article 16 of the Housing Act: Provided, That the foregoing shall not apply where he/she disposes of the relevant house within six months from the date he/she was notified of the disqualified person due to his/her possession of another house due to inheritance, judicial judgment, marriage, or any other inevitable reason, and where he/she acquired the right of lease on a first-come first-served basis pursuant to Article 10(6)

C. Meanwhile, on August 10, 2012, the Defendant completed the registration of ownership transfer on the ground that he was awarded a successful bid on May 8, 2009, for a wooden sub-story house located on the land located on the land located on the land located on the Nam-gun, Southern-do (hereinafter “instant house”). On October 10, 2013, the Defendant sold the instant house to Nonparty C and completed the registration of ownership transfer on October 17, 2013.

On December 2, 2013, the Plaintiff demanded the Defendant to submit explanatory materials proving that the Defendant had no houses in this case. On June 17, 2014, the Plaintiff terminated the instant lease agreement upon the arrival of June 17, 2014 against the Defendant of the duplicate of the instant complaint.

[Ground of recognition] The descriptions of Gap evidence 1 to 5, Eul evidence 1 to 4 (including branch numbers), and the purport of the whole pleadings

2. Determination:

A. According to the facts acknowledged above, this case is examined.

arrow