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(영문) 서울북부지방법원 2016.06.09 2015가단49092
건물명도
Text

1. The Defendant shall order the Plaintiff to order 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. The building listed in the attached list (hereinafter “instant house”) is owned by Seoul Special Metropolitan City and is the publicly constructed rental house prescribed by the Rental Housing Act. The Plaintiff was entrusted by Seoul Special Metropolitan City for the lease, management, etc. of the instant house.

B. From June 18, 1997, the Plaintiff leased the instant house to the Defendant and renewed the instant lease agreement every two years. Around July 21, 2015, the Plaintiff concluded a lease agreement with the Defendant for the term of lease to July 31, 2017 (hereinafter “instant lease agreement”).

C. According to the instant lease agreement, where a lessee or a person who belongs to his/her household owns another house during the lease period, the lessor may cancel or terminate the lease contract, or refuse to renew the lease contract. In cases where the lease contract has been canceled or terminated due to such reason, the lessee shall restore the rental house to its original state and order the lessor to renew the lease within one month.

(Article X(1)7 of the General Terms of Contracts, Article X(1)1 of the Special Conditions of Contracts, Article X(1)(d) of the Special Conditions of Contracts.

However, on December 9, 201, a member of the Defendant’s resident registration, Nonparty B, a member of the household, acquired ownership of “C Apartment 105 Dong 616, Namyang-si, Namyang-si,” and owns it up to the present day.

E. On October 27, 2015, the Plaintiff: (a) found the aforementioned facts through computerized search for a lessee of a rental house in 2015; (b) notified the Defendant of the termination of the instant lease agreement on the ground that “the Defendant’s household member owns another house” by content-certified mail; and (c) reached the Defendant around that time.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including branch numbers for those with a branch number), the purport of the whole pleadings

2. The Minister of Land, Infrastructure and Transport on December 29, 2015 of the former Rules on Housing Supply, which applies to the instant lease agreement, to determine the cause of the claim.

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