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(영문) 서울남부지방법원 2018.04.05 2017가단7396
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. On December 26, 1996, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant apartment”) which is a public construction rental house to the network B for a term of two years, and has renewed the said lease.

B. The last renewal contract was concluded on July 21, 2015. Accordingly, according to the relevant laws and regulations such as the former Rental Housing Act and the Rules on Housing Supply, the term of the lease is set as a permanent rental apartment that is supplied to homeless households with no houses. The term of the lease is set as KRW 4,260,00,000, monthly rent, KRW 134,60, and two years, respectively.

(hereinafter “instant lease agreement”). C.

According to Article 10(1)7 of the General Terms and Conditions of a standard contract made pursuant to Article 32 of the former Rental Housing Act (wholly amended by Act No. 12985, Jan. 6, 2015), a lessor may cancel or terminate a contract, or refuse to renew a contract where a lessee or a person who belongs to that household owns another house during the lease period of a public constructed rental house or occupies another house as a result of winning it in another rental house: Provided, That the same shall not apply where he/she disposes of the relevant house within six months from the date he/she is notified of the disqualified as a result of computer search.

After that, as a result of computer search, the Plaintiff discovered the fact that Defendant D, who was in the same household as the deceased’s head, purchased the Songpa-gu Seoul Building L on October 6, 2015 and completed the registration of transfer of ownership. On October 27, 2016, the Plaintiff notified the deceased that the lease contract will be terminated on the grounds of the deceased’s breach of the above general terms and conditions of the contract.

(The above termination notice reached the Deceased at that time). E.

On the other hand, the deceased died on August 18, 2017 after the filing of the instant lawsuit, and the Defendants jointly inherited the deceased.

【Ground of recognition” has no dispute, and each description of Gap's 1 through 4 (including paper numbers), respectively.

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