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(영문) 서울남부지방법원 2018.10.18 2017가단259296
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. The facts of recognition are public rental housing constructed with the financial support of the State or local governments and the National Housing Fund for the purpose of leasing to the homeless households located in Yeongdeungpo-gu Seoul Metropolitan Government C Apartment 201-dong 1504 (attached Form list).

On June 20, 2016, the Plaintiff entered into a lease contract with the Defendant for the rental deposit of KRW 37,520,000, monthly rent of KRW 191,000, and the lease period of KRW 2 years, and thereafter, the Plaintiff increased the rental deposit to KRW 71,720,000 upon the Defendant’s application for conversion of the rent into the rental deposit.

(hereinafter “instant lease agreement”). Details concerning the cancellation and termination of the lease agreement among the general conditions of the instant lease agreement are as follows.

Article 10 (Cancellation and Termination of Lease Contracts) (1) Where a lessee has committed an act falling under any of the following subparagraphs, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:

1. Where he has rented a rental house by falsity or other illegal means; and

7. Where a lessee or a person who belongs to his/her household owns another house during the lease period of public construction rental housing constructed after obtaining approval for a project plan under Article 16 of the Housing Construction Promotion Act (Article 33 of the former Housing Construction Promotion Act), the Defendant completed the registration of ownership transfer in his/her own name on October 13, 2014 for one-half of the first-class multi-story housing (hereinafter “instant housing”) and one-second of the first-class multi-story housing (hereinafter “instant multi-story housing”) prior to the conclusion of the instant lease, and transferred the said share to E on August 4, 2016, which was after the conclusion of the instant lease.

The Plaintiff discovered the Defendant’s possession of the instant house and notified the Defendant that the instant lease contract was terminated as of August 1, 2017, and around that time, the notice of termination was issued to the Defendant.

[Ground of recognition] Facts without dispute, and evidence Nos. 1 through 5 are numbers.

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