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(영문) 서울서부지방법원 2015.10.16 2015가단9236
건물명도
Text

1. The defendant shall receive KRW 19,720,00 from the plaintiff, and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. On April 16, 2009, the Defendant, as a lessee, concluded a lease agreement with the Plaintiff regarding real estate (public constructed rental housing; hereinafter “instant housing”) listed in the attached list owned by the Plaintiff, with a period of KRW 19,720,00, monthly rent of KRW 272,00, and a period of two years (hereinafter “instant lease agreement”).

Since then, the lease contract of this case was renewed on June 24, 2013, and the expiration date was June 30, 2015.

B. In accordance with Article 16 of the Housing Act (Article 33 of the former Housing Construction Promotion Act), its Enforcement Decree, and regulations on housing supply, the housing constructed and supplied for public purposes to ensure stability in national residential life by smoothly supplying rental housing at low prices to homeless persons. Article 10(1)7 of the instant lease contract (Evidence 2) provides that the lessor may cancel or terminate the lease contract, or refuse to renew the lease contract in the case where a lessee or a person who belongs to his/her household owns another house during the lease period. At the time of the renewal contract concluded on June 24, 2013, the Defendant prepared a written oath that “The spouse, B, and C including the principal, and all D did not own the house until now from the date of the first occupancy, and if it is proved that one of them owns a house, he/she shall withdraw without objection.”

C. The Defendant paid KRW 19,720,00 to the Plaintiff according to the instant lease agreement, and subsequently moved into the instant housing together with B, C, and D, and completed the move-in report.

On the other hand, the Defendant’s Party C entered into a title trust agreement with the E and F’s request on January 24, 2014 with respect to the instant G housing No. 101 (hereinafter “instant G housing”) owned by Mapo-gu Seoul, Seoul, and purchased and sold the instant G housing on January 29, 2014.

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