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(영문) 서울남부지방법원 2018.08.22 2018가단213228
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 public housing business operator who leases an existing house and sublets public rental housing to low-income household members, etc.

(b) A non-family member of a household who does not own a house, the spouse, lineal ascendants and descendants of the head of the household registered on the same resident registration card as the head of the household, and the spouse and lineal ascendants and descendants of the contractor who form the same household as the spouse of the policyholder not registered on the resident registration card).

On July 30, 2015, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant house”) from B, its owner, KRW 80,000,000,000,000,000 won, and on the same day, the instant house was sub-leased (hereinafter “the instant lease”) to the Defendant, who is a constituent member of a homeless household, for the occupant’s share of KRW 4 million (76,000,000,000), monthly rent, KRW 126,660, and the period from July 30, 2015 to August 13, 2017.

C. The instant lease agreement was concluded on the premise that the Defendant is a head of a homeless household, and Article 10(1)8 of the General Conditions of the instant lease agreement also provides that “Where a lessee becomes to own another house during the term of lease due to a lessee’s act that could either cancel or terminate the contract, or refuse to renew the lease agreement, the lessee becomes to own another house during the term of lease, except where he/she disposes of the relevant house within six months from the date he/she was notified of being disqualified as a result of electronic search.”

After the conclusion of the instant lease agreement, C, both the Defendant’s spouse (hereinafter “Defendant”) and C, as the Defendant’s spouse, owns three houses, including the completion of the registration of transfer of ownership of a wood mentor and sap single-story house located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant house”) due to legacy on January 26, 2016.

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