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(영문) 서울동부지방법원 2015.05.26 2014가단42326
건물명도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap evidence 1 through 5, and purport of the whole pleadings);

A. The real estate listed in the attached list (hereinafter “lease apartment of this case”) is a permanent rental apartment leased to a homeless householder, etc. under the Housing Act, the Rental Housing Act, and the Housing Supply Regulations as owned by Seoul Special Metropolitan City.

B. The Plaintiff (the name of the Seoul Special Metropolitan City Urban Development Corporation was changed from March 17, 2004 to E.S.) was entrusted by Seoul Special Metropolitan City for the occupation and management of the instant rental apartment, occupancy contracts, imposition and collection of the rental deposit and rent, and the refund of the deposit money of the eviction.

C. On July 15, 2013, the Defendant concluded a lease agreement with the Plaintiff for a fixed period of two years with respect to the instant leased apartment, and thereafter renewed the lease agreement every two years thereafter. Finally, on July 15, 2013, the Defendant renewed the lease agreement by setting the lease deposit amount of KRW 10,270,000, monthly rent of KRW 132,00, and the expiration date of the lease period until July 31, 2015.

(hereinafter “instant lease agreement”). D.

In the lease contract prepared by the Defendant at the time of renewal of the instant lease contract, where the lessee has leased a rental house by fraudulent or other unlawful means or the lessee has owned another house during the lease period (Provided, That this shall not apply where the lessee disposes of the relevant house within six months from the date of notification as disqualified as a result of electronic search by reason of inheritance, judicial decision, marriage, etc., or other unavoidable reasons, and where the lessee acquired the right of lease by first-come-served method at the time of invitation of occupants on the relevant lease contract, the lease contract can be terminated.

(Article 10(1)1 and 7 of the General Terms of Contracts are stipulated.

E. The defendant is the child of the defendant.

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