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(영문) 의정부지방법원 2015.09.24 2015가단104008
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. Basic facts

A. On December 13, 2012, the Plaintiff entered into a lease agreement with the Defendant, setting the lease deposit amount of KRW 16,364,00, monthly rent of KRW 113,580 (hereinafter “instant lease agreement”) from January 1, 2013 to December 31, 2014; and the key contents of the instant lease agreement are as follows.

5. Article 10 (Cancellation and Termination of Lease Contracts) (1) Where a lessee commits any of the following acts, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:

7. Where he/she owns another house during the lease period for the publicly constructed rental house constructed with approval for a project plan under Article 16 of the Housing Act;

6. Matters not specified in this Agreement, Article 15 of the Special Conditions for Contracts, shall be governed by the Rental Housing Act and regulations on housing supply, and other relevant Acts and subordinate statutes for rental housing.

B. According to the rules on housing supply applicable to the above lease agreement, the term “non-family housing owner” means the head of a household who does not own a house, including the head of a household (including the head of a household who is not registered in the same resident registration card as the head of a household and the head of a household who forms the same household as his/her spouse).

C. On October 15, 2013, the Defendant’s spouse B acquired CJ 365 square meters on October 15, 2013, and completed registration of ownership preservation on the ground building on February 5, 2014.

On October 8, 2014, the Plaintiff: (a) requested the Defendant to submit materials proving that he/she has no houses; (b) however, the Defendant did not submit any supporting materials; and (c) on November 5, 2014, the Plaintiff notified the termination of the instant lease agreement.

[Reasons for Recognition] There is no dispute.

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