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(영문) 서울중앙지방법원 2017.09.14 2017가단39694
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. Facts of recognition;

A. 1) The real estate listed in the separate sheet (hereinafter “instant apartment”) is a public rental housing that is supplied preferentially to homeless households, such as persons eligible for livelihood benefits, in accordance with the Housing Act, the Rental Housing Act, and the Rules on Housing Supply, etc., and the Plaintiff entered into a lease contract with the Defendant for the instant apartment on January 26, 1994 with a two-year rental period for the instant apartment on which the written pledge, etc. was delivered by the Defendant, and the Plaintiff entered into a lease contract with the Defendant for the instant apartment on May 30, 2016, while the said lease contract was renewed every two years, he/she again received a written pledge (hereinafter “instant pledge”) from the Defendant on May 30, 2016, and entered into the lease contract renewal (hereinafter “instant lease contract”).

B. Article 10(1) of the instant lease agreement provides that the Plaintiff may terminate the lease agreement if the Defendant, a lessee, owns another house during the period of the instant lease agreement, and the lessee may order the leased house within three months from the date of receipt of notice of termination. 2) Meanwhile, the Defendant entered into the instant lease agreement on May 30, 2016, and the spouse, including the Defendant, and the household members did not own the house from the date of announcement of tenant recruitment until the date of conclusion of the contract, and if the ownership of the house was revealed as a result of electronic search on the current status of the housing ownership in the future, he/she submitted a written promise to clarify the apartment in the instant case.

C. The defendant's acquisition of the apartment and the plaintiff's termination notification 1, however, since the conclusion of the lease contract with the plaintiff around January 1994 with respect to the apartment of this case supplied to the homeless person, the defendant purchased on December 28, 2006, 305, 805, Jung-gu, Sungnam-gu, Sungnam-gu, 2006, which had been residing in the apartment of this case, and then purchased on October 10, 2008.

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