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(영문) 서울북부지방법원 2018.10.16 2018가단1367
건물인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 7 (including paper numbers) and Eul evidence 1 to 10, unless there is a dispute between the parties or in full view of the purport of the whole pleadings.

The Defendant has renewed on April 14, 1998 every two years since the lease of real estate listed in the separate sheet (hereinafter “instant real estate”) from the Plaintiff.

On August 19, 2016, the Defendant entered into a lease agreement on the instant real estate (hereinafter “instant lease agreement”) with the term of lease from September 1, 2016 to August 31, 2018, setting the term of lease from September 1, 2016, and has been occupying and using the said real estate until now.

B. The Defendant resided with B, who was his child since the first occupancy of the instant real estate, and submitted a written oath to the effect that the principal and his household members are homeless whenever the contract is renewed from the first lease to August 19, 2016.

The contents of the written oath are as follows:

In applying for a housing supply (including re-contract), he/she confirms that the current status of the housing ownership by all his/her spouse and household members (including the spouse and family members who form the same household as the spouse of the applicant not listed on the same resident registration card for each household as the applicant) including the applicant, including the applicant, is as follows. If it is found as a result of the computerized search on the current status of the housing ownership in the future that he/she has won winning or owns a house differently from the qualifications and priority of the application for a housing supply, he/she undertakes not to raise any objection against such measures even if the measure such as cancellation

C. The head of the household and members of the household must be homeless in order to reside in the relevant housing as public rental housing.

In this case, the following contents are also stated in the lease agreement.

Article 10 (Cancellation and Termination of Lease Contracts) (1)

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