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(영문) 서울중앙지방법원 2014.12.18 2014나41253
건물명도
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall deliver to the plaintiff the building indicated in the attached list.

3...

Reasons

1. Basic facts

A. On December 6, 2004, the Plaintiff leased the rental deposit to Nonparty G as KRW 1.51 million, monthly rent of KRW 32,600, and the lease period from January 1, 2005 to December 31, 2006, respectively.

B. After the conclusion of the above lease agreement, G died, the defendant succeeded to the right to lease of G's house pursuant to Article 9 of the Housing Lease Protection Act, and on March 23, 2005, the plaintiff prepared and submitted to the plaintiff a non-permanent pledge that "the spouse and all members of the household, including the principal, have not owned the house from the first occupancy date of the apartment house

C. However, at the time of March 23, 2005, the Defendant’s spouse D owned a multi-household house with the 2nd floor of the Pyeongtaek-gu Seoul Metropolitan Government Gabro Gabro on the ground of Mapo-gu Seoul Metropolitan Government.

The Plaintiff and the Defendant renewed the lease agreement and concluded the lease agreement again on December 24, 2012 (hereinafter in this case, the instant lease agreement), deposit is KRW 5,130,00, monthly rent is KRW 62,600, and the contract term is until December 31, 2014.

E. Meanwhile, the instant lease agreement stipulates that the Plaintiff may terminate the lease agreement (Article 10(1)1); the Rules on Housing Supply shall be a person who is entitled to move into a permanent rental house (Article 31(1)); and the term “non-household-free householder” means a householder, including the householder (including the spouse of a householder who is not registered in the same resident registration card as the householder and a household member who forms the same household as his spouse) who does not own a house.

(Article 2(9)) is provided for in section 9.

F. In accordance with the above provisions, the defendant succeeded to the right of lease of the apartment of this case.

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