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(영문) 서울중앙지방법원 2014.07.11 2013가단5048206
건물명도
Text

1. The plaintiff

A. Defendant A’s real estate listed in the attached list 1

B. Defendant B shall provide the real estate listed in the separate sheet 2.

Reasons

1. Claim against the defendant A;

A. Of the grounds for the claim in the attached Form 3, the facts in the part against Defendant A do not conflict between the parties, or are recognized according to each of the evidence Nos. 2-1 and Nos. 3-1, and thus, Defendant A is obligated to deliver the real estate listed in the attached Table 1 to the Plaintiff.

B. As to this, since from November 8, 200 to May 29, 2010, Defendant A resided in the above real estate together with C until her mother died on May 29, 2010, Defendant A asserts that the Plaintiff’s assertion is groundless since it is possible to succeed to the Plaintiff’s right of lease pursuant to Articles 8(11) and 13(5) of the Operation and Management Standard of Permanent Rental Housing and Management. Thus, the Plaintiff’s assertion is without merit. Thus, in the following circumstances, the contract should be terminated in cases where it is impossible to maintain the contract due to the policyholder’s death, etc., i.e., where the Plaintiff is a head of a homeless household residing in the relevant permanent rental housing: Provided, That if the heir falling under subparagraphs 1 through 8 of Article 4 requests the change of the contractor’s name to continue residing in the relevant permanent rental housing, the Defendant A’s mother may be permitted to do so; ② The Defendant A’s assertion that there is insufficient evidence to acknowledge the above move-in report.

2. Claim against the defendant B

(a) Indication of claim: The part corresponding to Defendant B among the grounds for the claim in attached Form 3;

(b) Judgment made by deeming confessions: Article 208 (3) 2 of the Civil Procedure Act and the main sentence of Article 150 (3) of the same Act;

3. In conclusion, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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