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Reasons
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(영문) 서울동부지방법원 2017.11.03 2016가단17058
건물명도
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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 public rental house owned by the Plaintiff and constructed with the financial support from the State or a local government and from the National Housing Fund for the stabilization of the housing of the homeless people.

B. On December 9, 2009, the Plaintiff entered into a contract with the Defendant to lease the instant apartment to the Defendant by setting the rental deposit of KRW 12,950,00, monthly rent of KRW 203,90, and the lease period of KRW 2 years, and the Defendant started residing in the instant apartment from around that time.

C. While the above lease contract was renewed every two years, on February 5, 2014, the Plaintiff entered into a lease agreement with the Defendant to lease the instant apartment without monthly rent of KRW 49,460,00, and the lease term of February 29, 2016 (hereinafter “instant lease agreement”). D.

According to Article 10 (1) 7 of the General Conditions for the Contract of this case, the plaintiff may terminate the contract of this case or refuse to renew the contract of this case. "The plaintiff may terminate the contract of this case or refuse to renew the contract of this case."

E. On August 14, 2014, the registration of transfer of ownership (hereinafter “the instant registration of transfer”) was completed in the name of the Defendant on the grounds of “sale on May 20, 2014” (hereinafter “sale on May 20, 2014”) with respect to W apartment Nos. 115, 15, 1502 (hereinafter “B apartment”), and the registration of transfer of ownership was completed in C’s name on the grounds of “sale on August 14, 2014.”

F. On January 8, 2016, the Plaintiff requested the Defendant to “the Defendant is determined to own a house and terminate the instant lease agreement and voluntarily ordering the instant apartment by February 7, 2016.”

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