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(영문) 서울중앙지방법원 2014.05.30 2014가단14618
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 6, 2013, the Plaintiff entered into a lease agreement with the Defendant on setting the instant building amounting to KRW 6,960,000 from the Plaintiff, and KRW 105,60 from the rent month (hereinafter “instant lease agreement”).

B. On January 24, 2003, the Defendant completed the registration of ownership transfer in the name of the Defendant with respect to the 1/29 share of the apartment units No. 1 and No. 206 (hereinafter “B apartment”) of the Dongyang-si in Gyeonggi-do.

However, the defendant has not resided in the above B apartment until now.

C. Meanwhile, according to the instant lease agreement, where a lessee leases a house by fraud or other improper means, the Plaintiff may terminate the contract or refuse to renew the contract.

Article 10(1)1 of the General Conditions for Contracts / [based on Recognition] / [The fact that there is no dispute, each entry in Gap evidence 1 through 3 (including each number), the purport of the whole pleadings.

2. Determination as to the cause of claim

A. (1) In light of the purport of the rental housing supply system to facilitate the smooth supply of rental housing to homeless persons to ensure the stability of national housing life, a lessee of a house to be supplied preferentially to homeless persons shall continue to meet the requirements of homeless persons during the term of the lease. If a lessee owns a house during the term of the lease, he/she would immediately lose the requirements for residency at the time of acquisition even if he/she disposes of the house. Furthermore, if the lessee impliedly and renewed the contract, the lessee constitutes “the case of lease of a rental house by fraudulent or other unlawful means” as stipulated in Article 10 subparag. 1 of the General Conditions of the contract, and the lessor also becomes the reason for termination of the contract.

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