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(영문) 서울북부지방법원 2015.08.21 2014가단21745
건물명도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. Seoul Special Metropolitan City Nowon-gu is a public rental house constructed for the purpose of leasing to homeless households in accordance with the relevant laws and regulations, such as the Housing Act and the Rules on Housing Supply, and the plaintiff is the owner of the above apartment.

B. On August 12, 2003, the Plaintiff entered into a lease agreement with the Defendant on an apartment as indicated in the attached Table (hereinafter “instant apartment”) and then renewed the lease agreement every two years thereafter, and finally, entered into a lease agreement with the Defendant for two years on September 24, 2013, including deposit 31,490,000, monthly rent of KRW 6,300, monthly rent of KRW 6,300, and lease period of two years.

(hereinafter “instant lease agreement”). C.

The main contents of the instant lease agreement are as follows.

Article 10 (Cancellation and Termination of Lease Contract) (1) Where the defendant commits any of the following acts, the plaintiff may cancel or terminate this contract, or refuse to renew the lease contract:

7. Where a person 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 33 of the former Housing Construction Promotion Act), (the latter part) the special conditions of the instant lease (the renewal of the lease contract) (1) The plaintiff may renew the lease contract on a two-year basis with the defendant who maintains the requirements for occupancy of rental housing (the owner of a house without a house).

In such cases, the defendant shall accept the terms and conditions of the lease deposit, rent, etc. as determined by the plaintiff and shall present the plaintiff with an intention to renew the contract one month before the expiration of the lease term.

Article 10 (Cancellation or Termination of Contracts) (1) In the event that a lease contract is canceled or terminated on the grounds of the subparagraphs of Article 10 (1) of the General Conditions of the Contracts, the defendant shall restore the rental housing to its original state and order the plaintiff within one month.

The apartment of this case is subject to the supply of homeless-households in accordance with the relevant statutes.

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