logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.08 2016가단32986
건물명도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The real estate listed in the attached list (hereinafter “instant apartment”) is a long-term leased house that is supplied to the Defendant for the stabilization of housing for the homeless people as owned by the Plaintiff. On February 19, 2014, the Plaintiff leased the instant apartment to the Defendant by setting the rental deposit amount of KRW 209,60,000, and the lease term of April 30, 2016.

(hereinafter “instant lease agreement”). B.

According to Article 9(1)6 of the General Terms and Conditions of the instant lease agreement (hereinafter “relevant provisions”), where a defendant or a member of the household owns another house during the term of lease, the plaintiff may terminate the instant lease agreement. However, if the plaintiff owns another house due to unavoidable reasons, such as inheritance, judgment, marriage, etc., and disposes of the relevant house within six months from the date he/she was notified of disqualified person, the plaintiff may not terminate the relevant lease agreement.

C. On June 12, 2015, ASEAN B, the Defendant’s member of the household, completed the registration of ownership transfer on the apartment complex No. 401 for Pyeongtaek-si and two parcels of land (hereinafter “Seoul-si apartment complex”).

Accordingly, on October 15, 2015, the Plaintiff notified the Defendant that the instant lease contract was terminated as of November 9, 2015, and around that time, the notice of termination reached the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 through 4, purport of the whole pleadings

2. The parties' assertion

A. Since the lease contract of this case was terminated due to the plaintiff's termination notification, the defendant is obligated to deliver the apartment of this case to the plaintiff.

B. It is true that the actual owner of the apartment apartment of the defendant Pyeongtaek-si has been D with the defendant's household-side son, and D has transferred the ownership of the apartment apartment of Pyeongtaek-si to B, who is the birth of the household, for the purpose of receiving the subsidy from the Government of Australia to the homeless.

However, the defendant is notified by the plaintiff as disqualified and immediately transferred the ownership of Pyeongtaek apartment to B in the future designated by D.

arrow