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(영문) 인천지방법원 2018.01.10 2017가단234070
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant A delivers a building listed in the attached Table 1;

B. Defendant B shall be listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. 1) On September 20, 201, the Plaintiff (former Korea National Housing Corporation) entered into a lease agreement with Defendant A on September 20, 201, as indicated in the attached Table 1 (hereinafter “instant building”).

(A) The term of lease under the term of lease is fixed from October 1, 2011 to September 30, 2013 and leased (hereinafter “instant first lease contract”).

(2) On October 22, 2014, the Plaintiff concluded a lease agreement with Defendant B, setting the term of lease from November 1, 2014 to October 31, 2015 (hereinafter “instant second lease agreement”).

3) On May 8, 2013, the Plaintiff is a building listed in the attached Table 3 (hereinafter “instant building 3”) to Defendant C.

(2) The term of lease is fixed from November 1, 2012 to October 31, 2014 (hereinafter “third lease contract of this case”) and the term of lease is fixed and leased (hereinafter “third lease contract of this case”).

B. (1) The building of this case is the publicly constructed rental house constructed by the Plaintiff with the support of the National Housing Fund.

According to the Rental Housing Act and subordinate statutes, the lessee of the publicly constructed rental house shall be the head of a household having no house (the head of a household, including the head of a household) during the occupancy period, and the lessor shall not lease if the lessee fails to meet the above requirements.

According to the first lease contract of this case, where a lessee owns another house during the lease period, a lessor may refuse to renew the lease contract.

(5) The instant Articles 10(2) and 10(3) of the General Terms and Conditions of Contracts are the publicly constructed rental housing constructed by the Plaintiff with the support of the National Housing Fund. According to the Rental Housing Act and subordinate statutes, a lessor may convert the publicly constructed rental housing into parcelling-out after the lapse of five years from the mandatory rental period. (c) D, a child of the Defendant A, is the Seoul Special Metropolitan City on September 24, 2009.

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