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(영문) 대구지방법원 2018.02.21 2016가단122147
건물명도
Text

1. The Plaintiff:

A. Defendant A’s real estate listed in Annex A’s Schedule 1;

B. Defendant B shall set out in attached list No. 2.

Reasons

1. Facts of recognition;

A. Each apartment house listed in the attached list is a public rental housing which is eligible for occupancy to homeless persons under the Rental Housing Act.

B. On December 24, 2014, the Plaintiff entered into a contract for the lease of an apartment specified in attached Table 1 with Defendant A, and ② on December 29, 2014, a contract for the lease of an apartment specified in attached Table 2 with Defendant B, respectively.

C. Each of the above lease agreements provides that "if a lessee, spouse, or member of a household owns another house during the lease period, the lessor may cancel or terminate the lease contract, or refuse to renew the lease contract."

However, during the term of each of the above lease agreements, Defendant C owned Da 102 Dong 206 from March 25, 2011 to April 3, 2016, and Defendant B owned a house located in Thai-si from March 5, 2015 to May 18, 2015.

Accordingly, the Plaintiff terminated each of the above lease agreements by serving the complaint of this case on the grounds that the Defendants did not meet the requirements for no houses.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff terminated each of the above contracts with the Defendants pursuant to the contract clause providing that the Defendant may terminate the lease contract when the Defendants lack the requirements without any houses. Therefore, the Defendants are obligated to deliver each of the above apartments to the Plaintiff as stated in the attached Table.

Therefore, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition with the assent of all participating Justices.

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