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(영문) 서울북부지방법원 2018.11.01 2018가단6034
건물인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts, etc.;

A. On June 13, 2005, the Defendant continued to lease the instant rental house, which is a public construction rental house, for a fixed period of two years from the Plaintiff, and then renewed the contract. Finally, on July 18, 2017, the Defendant concluded a lease contract to renew the said contract for two years (hereinafter “instant lease contract”).

B. The main contents of the instant lease agreement are as follows.

3. Where a lessee has committed an act falling under any of the following subparagraphs, the lessor may cancel or terminate this contract, or refuse to renew the lease contract:

1. Where he has rented a rental house by falsity or other illegal means; and

7. Where a lessee or a person who belongs to such household owns another house or occupies another rental house by winning in another rental house during the lease period of public construction constructed with the approval of a project plan under Article 16 of the Housing Act: Provided, That this shall not apply where he/she disposes of such house within six months from the date he/she is notified of the disqualified as a result of computer search by holding another house due to inheritance, judgment, marriage, or other unavoidable reasons, 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 recruiting occupants of the relevant rental house;

4. Where a lease contract has been canceled or terminated due to reasons prescribed in subparagraphs of Article 10 (Cancellation or Termination of Contracts) (1) of the General Conditions for Contracts under Article 10 (Cancellation or Termination of Contracts), the lessee shall reinstate the rental house and order the lessor to restore it within three months.

C. In addition, at the time of entering into the instant lease agreement, the Defendant submitted to the Plaintiff a non-permanent pledge with the following content:

I shall be his spouse, including himself, in applying for housing supply (including re-contracts).

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