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(영문) 서울중앙지방법원 2020.04.21 2019가단9604
건물명도 청구의 소
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. The real estate listed in the attached list (hereinafter “instant apartment”) is a public rental house owned by the Seoul Special Metropolitan City and constructed with the financial support from the State or local governments and from the National Housing Fund for the stabilization of the housing of the homeless people.

B. On September 14, 2004, the plaintiff entered into a contract with the defendant to lease the apartment of this case to the defendant, and the defendant began to reside in the apartment of this case since that time.

C. While the above lease contract was renewed every two years, on November 28, 2016, the Plaintiff entered into a lease agreement with the Defendant to lease the instant apartment (hereinafter “instant lease agreement”) with the term of 11,100,000 won, monthly rent of 146,200 won, and the term of lease from December 1, 2016 to November 30, 2018.

According to Article 10 (1) 7 of the General Conditions for the Contract of this case, the plaintiff may terminate the contract of this case or refuse to renew the contract of this case. "The plaintiff may terminate the contract of this case or refuse to renew the contract of this case."

E. On April 4, 2018, with respect to Seoul Jongno-gu Seoul building D, the registration of ownership transfer was completed in the name of E, the Defendant’s spouse, on the grounds of “trade as of April 3, 2018” (hereinafter “instant registration of ownership transfer”).

F. On October 11, 2018, the Plaintiff sent a content-certified mail demanding that the Defendant’s member of the Defendant’s household owns a house, and the instant lease agreement should be terminated, and that the instant apartment should be voluntarily ordered by January 10, 2019. Around that time, the content-certified mail sent to the Defendant.

【Ground of recognition】 dispute.

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