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(영문) 서울남부지방법원 2017.07.21 2017가단211607
건물명도(인도)
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. The following facts are either not disputed between the parties, or acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 through 11.

The Plaintiff is a government-invested institution established for the purpose of the construction, improvement, supply, lease, management, etc. of housing. On October 25, 2012, the Plaintiff entered into a lease agreement with the owner of an apartment as indicated in the attached Table (hereinafter “instant real estate”) on October 31, 2014 from November 1, 2012 to October 31, 2014, lease deposit amount of KRW 8,805,00, and rent of KRW 7,200 (hereinafter “instant lease agreement”).

B. B died on May 9, 2014, and the Defendant is the only inheritor as a father of B.

C. The instant lease agreement concluded between the Plaintiff and B

6. Article 16 of the Special Conditions for Contracts provides, “The matters not specified in this contract shall be governed by the Rental Housing Act and the Rules on Housing Supply”, and Article 31(11) of the "Rules on Housing Supply" enacted by the Plaintiff pursuant to Article 38 of the Housing Act and Article 31(11) of the "Rules on Housing Supply" shall be as follows.

- Article 4 (Subject to Supply): A person whose monthly average income of the relevant household (including the spouse of a householder and the income of a household member who forms the same household as his/her spouse not listed in the same household resident registration card as his/her household owner) is not more than 50 percent of the monthly income of the household in the previous year (for a household with not less than four persons, referring to the monthly average income of the household per household number) under Article 2 (2) of the National Basic Living Security Act - Article 8 (Lease Contracts, etc.): A managing entity shall cancel a contract where it is impossible to maintain the contract due to the death or declaration of disappearance of a contractor pursuant to Article 12 (9).

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