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(영문) 의정부지방법원 고양지원 2018.04.06 2017가단88684
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff three-storys of 110 square meters among the buildings listed in the attached list.

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

Reasons

1. On October 21, 2014, the Plaintiff entered into a lease agreement with the Defendant on the following terms: (a) the lease deposit of KRW 110 square meters on three storys (hereinafter “instant building”) from among the buildings listed in the attached list; (b) KRW 279,280 per month from rent; and (c) the lease period from December 1, 2014 to December 31, 2016 (hereinafter “instant lease agreement”); (c) around that time, the Plaintiff delivered the instant building to the Defendant; (d) Article 1 of the Special Conditions for the instant lease agreement provides that “the Plaintiff’s work process guidelines” is written on the Plaintiff’s public housing project performance guidelines; (e) the name of the Special Act on the Construction of Bogeumjari Housing, etc. was not entered in the lease agreement with Act No. 12251, Jan. 14, 2014; and (e) the Plaintiff was deemed to have lost the Defendant’s entitlement to the instant lease agreement with the Defendant under the Special Act No. 36288.

According to the above facts, it is evident that the lease contract of this case has already been terminated because the agreed term of lease expires, so the defendant is obliged to deliver the building of this case to the plaintiff.

2. As to the defendant's assertion, the defendant judged whether the defendant is disqualified as an occupant.

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