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(영문) 서울중앙지방법원 2014.10.30 2014가단14588
건물명도
Text

1. The defendant shall order the plaintiff to order the building stated in the attached list.

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

3...

Reasons

1. The facts below the basis facts are without dispute between the parties or recognized by each entry in Gap evidence of sub-paragraphs 1 to 3, and Eul evidence of sub-paragraphs 1 to 4 (including, where any, the number is available).

A. The Plaintiff is a public corporation established for the purpose of developing and supplying housing sites, constructing and supplying houses, as prescribed by the Local Public Enterprises Act and the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of SP Corporation.

B. On December 17, 2012, the Plaintiff entered into a lease agreement with the Defendant and the public rental housing unit (hereinafter “instant apartment”). On December 17, 2012, the term of lease was renewed for two years by setting the lease deposit as KRW 51.3 million and monthly rent as KRW 71,000.

(hereinafter “instant lease agreement”). Rules on Housing Supply related to the main contents of the said lease agreement (the instant building is a rental house, and the Rental Housing Act, the Enforcement Decree, the Enforcement Rule, the Enforcement Rule, etc. are applied, and the Rules on Housing Supply are applied under the said Acts and subordinate statutes) are as follows:

[Lease Contract] Article 10 (Cancellation and Termination of Lease Contract) (1) of the General Terms and Conditions of a Lease Contract (referring to a tenant) may cancel or terminate this Contract, or refuse to renew the lease contract if B (referring to the plaintiff) commits any of the following acts:

7. Where he/she owns another house during the lease period of public constructed or rental housing constructed with the approval of a business plan under Article 16 of the Housing Act: Provided, That this shall not apply to cases where he/she disposes of the relevant house within six months from the date he/she is notified of the disqualified as a result of computer search because he/she owned another house due to inheritance, judgment, marriage, or other unavoidable reasons, and cases where he/she acquired the lease by the first-come-served method in accordance with the regulations on housing supply at the time of recruiting occupants of the relevant rental

Contract special conditions;

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