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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 November 30, 2016, the Plaintiff entered into a lease agreement with Nonparty B on ten (10) years on the real estate listed in the separate sheet (hereinafter “instant apartment”). The Defendant acquired the right of lease from Nonparty B of the instant apartment on January 10, 2017 with the Plaintiff’s consent and acquired the right of lease from Nonparty B of the instant apartment at KRW 97,310,000.
(hereinafter “instant lease agreement”). B.
The contents of the instant lease agreement concerning the instant case are as follows.
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:
2. No lessee of a public rental house under Article 49-4 or 49-4 of the Special Act on Public Housing shall transfer the right of lease (including sale, donation, and all other acts accompanying the alteration of a right, but excluding inheritance) or sublease the public rental house to any third person;
Provided, That in cases prescribed by Presidential Decree, such as work, occupation, treatment of diseases, etc., and where the consent of the public housing project operator has been obtained, it may be transferred or sublet it.
C. On June 29, 2017, the Plaintiff sent a public notice to the Defendant stating that the instant lease contract was terminated on the ground that the Plaintiff breached his duty not to transfer or sublease the right of lease regarding the instant apartment, and was confirmed that C and D were residing without the Plaintiff’s consent. The said public notice reached the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. Pleadings are made in each entry of Gap evidence Nos. 3, 5, 6, and 7 regarding the cause of the claim.