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(영문) 서울남부지방법원 2015.04.16 2014가단67731
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. The real estate listed in the attached list (hereinafter “instant apartment”) is a rental apartment leased to a homeless household owner, such as a person eligible for livelihood benefits, in accordance with the Housing Construction Promotion Act, the Rental Housing Act, and the Housing Supply Regulations, which is owned by the Plaintiff.

B. On August 10, 1995, the Plaintiff leased the instant apartment to the Defendant for a fixed period of two years, and continuously renewed the contract. Finally, on January 24, 2014, the said contract was renewed (hereinafter “instant renewal contract”).

C. Article 10(1)7 provides that a lessor may terminate a lease contract or refuse to renew a lease contract if a lessee owns another house during the lease period. D.

On July 31, 2008, B, a child of the defendant, acquired C No. 104 Dong 403, Nowon-gu, Seoul, and filed a move-in report on the apartment of this case on April 27, 2012.

On October 6, 2014, the Plaintiff notified the Defendant that the instant renewal contract was terminated on the ground that he was not homeless.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap1-1, 1-2, 2, 3, and 4, the purport of the whole pleadings

2. According to Article 12 of the Enforcement Rule of the Rental Housing Act and Article 21-2(1) of the Rules on Housing Supply, a rental business operator shall verify whether a lessee of a rental house owns a house, and pursuant to Article 12(4) of the Enforcement Rule of the Rental Housing Act, a rental business operator shall not lease a rental house if a lessee is found to be a house owner as a result of confirmation of whether a lessee owns a house

In addition, according to Article 2 (9) of the Rules on Housing Supply, all members of a household including the head of a household do not own a house, and according to Article 29 (4), all members of a household including the head of a household do not own a house.

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