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(영문) 서울북부지방법원 2013.09.27 2013가단17732
건물명도
Text

1. The defendants deliver Dongdaemun-gu Seoul Metropolitan Government C Apartment 124 Dong 615 to each of the plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff was entrusted by the Seoul Metropolitan Government with the general management of rental housing including Seoul Dongdaemun-gu 124-dong 615 (hereinafter “instant apartment”) and the duties of moving in and moving out of the Seoul Metropolitan Government.

B. On July 4, 1997, the Plaintiff renewed the lease contract on October 27, 2009 (the lease deposit of KRW 8.55 million, monthly rent of KRW 118,400, and the period until July 31, 201) while the contract was renewed every two years after leasing the instant apartment to Defendant A.

C. Article 10 (1) of the apartment building lease agreement of this case provides that "Where a lessee has leased a rental house by fraud or other improper means (Article 10 (1) 1), or where a lessee owns another house during the lease period of public construction rental housing constructed with the approval of a business plan under Article 16 of the Housing Act (Article 7)" as "reasons for cancellation and termination of a lease contract" and the legal provisions related to rental housing are as follows:

(1) The Minister of Land, Infrastructure and Transport shall confirm whether any lessee has occupied or entered into a rental house in duplicate, as prescribed by Presidential Decree.

(1) Where a lessee living in a rental house falls under any of the matters prescribed by Presidential Decree, such as the lease of the relevant rental house by fraud or other improper means, a rental business operator may cancel or terminate the relevant rental contract, or refuse to renew the rental contract.

"Rental housing prescribed by Presidential Decree" in Article 19-3 (1) of the Enforcement Decree of the Rental Housing Act means the publicly constructed rental housing and the rental housing constructed or purchased and supplied by any of the following persons:

1. Article 26 (1) of the Act;

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