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(영문) 서울동부지방법원 2021.03.09 2020가단114871
건물인도
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On April 18, 2001, the Plaintiff leased to the Defendant real estate listed in the separate sheet (hereinafter “instant real estate”) as public rental housing (hereinafter “instant real estate”) with a lease deposit of KRW 44,150,00, monthly rent of KRW 203,90, and the lease term of KRW 2 years (hereinafter “instant lease contract”) and thereafter the instant lease contract has been continuously renewed.

B. Article 10(1)7 of the lease agreement of this case provides that where a lessee or a person who belongs to such household owns another house during the lease period of public rental housing, the Plaintiff may terminate the lease agreement.

set forth.

(c)

As a result of the investigation into whether the Plaintiff owned the housing of the Defendant and his household members, it was confirmed that the Defendant’s child D acquired the Defendant’s child E-Ba F (hereinafter “the instant loan”) on April 2, 2001.

Accordingly, around October 2019, the Plaintiff notified the Defendant that the instant lease contract was terminated on the ground that the ownership of a household unit was terminated.

(d)

On February 26, 2004, Japan sold the instant loan to G, and completed the registration of transfer of ownership on February 27, 2004.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. Since the instant lease contract was lawfully terminated according to the Plaintiff’s notice of termination of the Plaintiff’s assertion, the Plaintiff sought a transfer of the instant real estate against the Defendant.

B. The plaintiff asserted that the contract of this case was lawfully terminated after ten years have passed since the ground for termination occurred and the termination right was terminated within the exclusion period.

shall not be deemed to exist.

3. The right to terminate a sales contract shall be a kind of creation right, if there is an agreement between the parties on the period of the exercise, within such period, and if there is no such agreement, within 10 years from the time when the right occurs.

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