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(영문) 수원지방법원 2020.01.14 2019가단547050
건물명도(인도)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 29, 2018, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with respect to the real estate listed in the attached list (hereinafter “instant housing”) under which the lease deposit was set at KRW 25,197,00, monthly rent of KRW 297,080, and the lease period from June 1, 2018 to May 31, 2020 (hereinafter “instant lease agreement”).

B. At the time of concluding the instant lease agreement, the Defendant was a homeless-household.

C. As a result of the search of whether the Defendant and his household members owned the housing after the instant lease agreement, the Plaintiff became aware of the Defendant’s acquisition of shares 1/2 of the D Apartment E (hereinafter “D apartment”) on November 23, 2018 by Seongbuk-gu, Seongbuk-gu, Sungnam-gu (hereinafter “D apartment”) (F acquired shares 1/2 that will be married with C).

On June 4, 2018, the Defendant: (a) made a move-in report on the instant house on June 4, 2018; and (b) made a move-in report from the instant house to the said apartment on December 13, 2018, as he/she purchased D apartment houses prior to marriage ( March 16, 2019).

E. Around March 2019, the Plaintiff requested the Defendant to submit materials proving that he/she is homeless on the ground that C, a person who constitutes a same household as the Defendant, owns another house during the instant lease agreement, and around April 9, 2019, the Plaintiff notified the Defendant of the cancellation of the instant lease agreement by July 9, 2019.

[Grounds for Recognition] Facts without dispute, Gap 1-11 evidence, Eul 1-3 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The defendant's son, who forms the same household as the defendant, owns another house during the term of the instant lease agreement, which constitutes grounds for termination of the instant lease agreement as it falls under Article 10 (1) 1 and 7 of the General Conditions of Contracts and Article 49-3 (1) 6 of the Special Act on Public Housing and Article 47 (1) 4 of the Enforcement Decree of the same Act.

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