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(영문) 수원지방법원성남지원 2014.11.20 2014가단218046
건물명도
Text

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. On October 5, 2012, the Defendant’s son, who is the Defendant’s member of the household, completed the registration of ownership transfer on the grounds of sale on July 31, 2012 with respect to subparagraph C 104 Dong 302 in Gwangju-si, Gyeonggi-do.

B. On November 21, 2012, the Plaintiff, the owner of the rental housing indicated in the separate sheet (hereinafter “instant rental housing”) leased the instant rental housing again to the Defendant from December 1, 2012 to November 30, 2014, with no knowledge that the Defendant’s household members owned another house as above, KRW 12,146,00, monthly rent, and KRW 217,520,00, respectively.

(hereinafter “instant lease agreement”). C.

On May 13, 2014, the Plaintiff notified the Defendant of the fact that he owns another house and requested the Defendant to submit an explanation materials. However, the Defendant refused to comply with this.

Ultimately, the Plaintiff’s instant lease agreement on June 2, 2014 on the grounds that the Defendant acquired another house.

5. The Defendant requested the delivery of the instant rental house with the notice that the instant rental contract will be terminated under Article 10(1)1 of the General Conditions for Contracts. However, the Defendant did not comply with this up to now.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-1, 2, Gap evidence 6, 7, 8, Eul evidence 3, and the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant is obligated to deliver the instant rental housing to the plaintiff.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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