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(영문) 부산지방법원 2016.02.24 2015가단226171
건물명도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 17, 2009, the Plaintiff concluded a lease agreement with the Defendant on the lease deposit amounting to KRW 36,000,000, monthly rent amounting to KRW 220,000, and the period (date scheduled for occupancy) from August 201 (hereinafter “instant lease agreement”). On August 23, 201, the Plaintiff made a move-in report on the move-in report on August 23, 201.

B. The main contents of the instant lease agreement are as follows.

Article 10 (Cancellation and Termination of Lease Contracts, hereinafter referred to as "instant termination clause") (1) Where a lessee has committed an act falling under any of the following subparagraphs, a lessor may cancel or terminate this contract, or refuse to renew the lease contract:

7. "Where he/she owns another house during the term of lease of the publicly constructed rental house constructed with the approval of a business plan under Article 16 of the Housing Act: Provided, That this shall not apply where he/she disposes of the relevant house within six months from the date he/she was notified of the disqualified person as he/she owned another house due to inheritance, judicial judgment, marriage, or other inevitable reasons, and where he/she acquired the right of lease on a first-come-served basis pursuant to Article

Article 15 (Other Matters not specified in this Agreement) of the Special Conditions for Contracts shall be governed by the Rental Housing Act and the regulations on housing supply, etc. related to rental housing.

C. On August 3, 2011, the Defendant’s wife B is the Dong-young Real Estate of this case, which is 578 square meters and buildings on the land (hereinafter “the Dong-young”).

Of them, the registration of ownership transfer was completed on June 24, 201 with No. 20486, such as the receipt number of machinery, such as Changwon District Court Tong branch branch branch branch branch branch branch office, with respect to each one-third share of co-ownership.

The Plaintiff’s purport is that the Defendant violated the criteria for the selection of occupants provided for in the Housing Supply Rules and the Public Housing Work Guidelines through the instant complaint.

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