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(영문) 창원지방법원 2016.09.06 2016가단104213
건물명도
Text

1. The Plaintiff:

A. Defendant A’s real estate listed in [Attachment A] No. 1],

B. Defendant B shall provide attached real estate.

Reasons

1. Basic facts

A. On July 25, 2011, the Plaintiff leased real estate listed in the [Attachment 1] List No. 1 (hereinafter “real estate”) to Defendant A as lease deposit amounting to KRW 20,780,00, monthly rent of KRW 124,680, and the lease term of KRW 124,680, from August 1, 201 to July 31, 2013 (hereinafter “one lease term”).

(2) On April 16, 2009, the Plaintiff leased to Defendant B the real estate listed in the [Attachment 2] List No. 2 (hereinafter “second real estate”) by setting the lease deposit amount of KRW 20,000,000, monthly rent of KRW 120,000, and the lease period of KRW 2 years, respectively (hereinafter “second lease contract”).

1) Under the special terms and conditions of the instant lease agreement No. 1 and 2, the lessee is entitled to renew the lease agreement on a two-year basis with the lessee maintaining the eligibility for occupancy of national rental housing (such as the requirements for restriction on the size of housing for a single-household, etc.). In this case, the lessee shall accept the terms and conditions of the lease deposit and rent determined by the lessor and notify the lessor of the intention of renewal of the lease by one month prior to the expiration of the lease term. 2) The Defendants did not notify the lessor of the intention of renewal of the lease by one month prior to the expiration of each lease term.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, 4, Gap evidence 2-2, 4, and Gap evidence 3-6 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. After the conclusion of the lease agreement No. 1 on the claim against Defendant A, Defendant A came to possess a house around the renewal period prescribed in the above lease agreement. Defendant A lost his/her eligibility as a homeless and continued to reside in the above real estate on November 6, 2015 without expressing his/her intention to renew the contract. The Plaintiff is against the above Defendant A’s contractual qualification.

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