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(영문) 서울북부지방법원 2014.06.20 2014가단5750
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. Facts of recognition;

A. On July 31, 1996, the Defendant entered into a lease agreement with the Plaintiff on the real estate (39.84 square meters; hereinafter “instant apartment”) indicated in the attached Table, which is permanent rental housing, and entered into a renewal agreement (hereinafter “instant lease agreement”) with the Plaintiff on July 31, 1996 by setting the deposit of KRW 10.84 square meters, monthly rent of KRW 10.2 million, and the period from August 28, 2012 to July 31, 2014.

B. The instant lease agreement provides that a lessor may cancel the lease contract in cases where the lessor owns another house during the lease period (except in cases where he/she disposes of the relevant house within six months from the date of notification of disqualified person as a result of computer search as he/she owned another house due to inheritance, judgment, marriage, or other unavoidable reasons).

(Article 10(1)7 of the General Conditions for Contracts (hereinafter “instant termination clause”). (c)

However, on November 26, 2012, the Defendant, a member of the household, and a son, acquired the ownership of C5309 dong No. 703 (exclusive area 103.95 m2) in Nam-si, Namyang-si.

When the Plaintiff became aware of the ownership of the instant apartment through an electronic search, on December 13, 2013, the Plaintiff terminated the instant lease agreement and notified the Defendant of the transfer of the instant apartment.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, Gap evidence 3-1, 2-2, Gap evidence 4, Eul evidence 4 and 7, and the purport of whole pleadings

2. Determination

A. For permanent rental housing, pursuant to Article 20 of the Rental Housing Act, Article 19 of the Enforcement Decree of the Rental Housing Act, and Article 31 of the Rules on Housing Supply, the term “non-household owner” is the spouse of a household member, including the householder, and a householder who is not registered in the resident registration card of the household.

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