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(영문) 서울서부지방법원 2017.05.31 2016가단31940
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff entrusted the management of the real estate listed in the attached list (hereinafter “instant rental housing”) by Seoul Special Metropolitan City, and leased the instant rental housing to the Defendant on January 200.

After that, on February 22, 2016, a lease contract between the Plaintiff and the Defendant was concluded between the Plaintiff and the Defendant regarding the instant rental housing (hereinafter “instant lease contract”) with a deposit of KRW 34,020,00 and the term of lease until February 22, 2018.

B. There is the following agreement on the contract that was prepared at the time of the instant lease agreement (hereinafter “instant lease agreement”):

Article 10 (Cancellation and Termination of Lease Contracts) (1) Where a lessee has committed an act falling under any of the following subparagraphs, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:

7. Where a lessee or a person who belongs to him/her owns another house or occupies another house as a result of an electronic search, such as inheritance, judgment, marriage, etc., during the lease period of public construction rental housing constructed with the approval of a project plan under the provisions of Article 16 of the Housing Construction Promotion Act: Provided, That this shall not apply where he/she disposes of the relevant house within six months from the date he/she is notified of the disqualified as a result of electronic search, and where he/she acquires the right of lease on a first-come-served basis in accordance with the Rules on Housing Supply at the time of inviting occupants

C. On January 200, the Defendant first leased the instant rental house from the Plaintiff, and thereafter, he resided in the instant rental house with the husband C, who was the husband. On July 14, 2014, the Defendant resided in the instant rental house.

In addition, around April 29, 2015, D, the Defendant, and D, together with the instant rental house, were residing in around April 29, 2015.

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