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(영문) 서울남부지방법원 2016.10.13 2015가단234781
건물명도
Text

1. The Defendants shall deliver to the Plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. From September 1, 2013 to August 31, 2015, the Plaintiff leased to D an apartment as indicated in the separate sheet at KRW 2,648,00, monthly rent of KRW 52,770 for two years from September 1, 2013 to August 31, 2015.

B. D died during the term of the above lease agreement, and Defendant A, who is an son, comprehensively succeeded to the rights and obligations as a lessee of the network D on July 4, 2014.

C. From July 15, 2004 to October 27, 2009, from December 8, 2009 to December 8, 2009, Defendant A continued to be hospitalized in the Epsychological hospital located in the wife population in Gyeonggi-do as an Epsychological disorder, and after succession to the lessee’s status, Defendant A did not have resided in the apartment of this case or lived as a day.

Defendant A is currently in a state of significant decline in recognition function, reality verification ability, and social judgment ability.

Defendant C is the former wife of Nonparty F, who is the birth of Defendant A (Divorce on January 14, 2002), and is residing in the apartment of this case as of the date of closing argument.

E. Defendant B, as the mother of Defendant C, suffers from severe Albimer’s disease since around 2010, and the Defendant C resides in the instant apartment house or 703 Dong Dong in the same complex where Defendant C resides.

F. The Plaintiff terminated the instant lease contract on the ground that the Defendant A, a lessee, was found to have resided in another person without actually residing therein as a result of the resident status survey.

[Reasons for Recognition: Evidence No. 2-1, 2, Evidence No. 4-1, Evidence No. 6-2, Evidence No. 7, Evidence No. 1, Evidence No. 2, Evidence No. 2, Evidence No. 4, Evidence No. 5, and the purport of the whole pleadings]

2. Determination

A. Article 19-2(1)1 of the Rental Housing Act provides that a rental business operator may verify whether a lessee who resides in a publicly constructed rental house actually resides in the rental house, and Article 27(1) of the Rental Housing Act and Article 26(1)3 of the Enforcement Decree of the Rental Housing Act shall not move into a rental business operator within three months from the date on which a lessee commences a rental contract.

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