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(영문) 서울북부지방법원 2016.10.27 2015가단146061
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 2 and 8.

On November 27, 2014, the Plaintiff entered into a contract for leasing real estate (hereinafter referred to as “instant real estate”) as permanent rental housing (lease deposit KRW 11,031,000, monthly rent KRW 139,300, and period of lease from December 1, 2014 to November 30, 2016; hereinafter referred to as “instant contract”).

B. However, according to the instant contract, the instant contract may be rescinded if the Defendant would own a house. On February 12, 2015, B, a member of the Defendant’s son, completed the registration of transfer of ownership with respect to 301 among multi-household houses and neighborhood living facilities with the five-story Seoul Western-gu Seoul Metropolitan Government, and on October 8, 2015, the Plaintiff, on the ground that he/she acquired another house pursuant to Article 10(1)1 and 7 of the instant contract, urged the said Defendant to deliver the instant sub-contract to the said Defendant by November 5, 2015, on the ground that he/she had terminated the instant sub-contract pursuant to the foregoing other housing acquisition.

C. Meanwhile, Article 10(1) of the instant contract provides, “If a lessee commits an act falling under any of the following subparagraphs, a lessor may rescind or terminate this contract, or refuse to renew the lease contract.” Article 10(1) of the instant contract provides, “If a lessee leases a rental house by fraud or other improper means,” and Article 10(1)7 provides, “if a lessee becomes to own another house during the lease term of the publicly constructed rental house constructed with the approval of a business plan under Article 16 of the Housing

2. Determination as to this case’s real estate, the lessee of the house to be supplied preferentially to the homeless generation shall continue to meet the requirements for the homeless generation during the term of lease, and the requirements for the homeless generation during the term of lease shall be satisfied.

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