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(영문) 서울북부지방법원 2015.10.06 2015가단28552
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. Basic facts

A. On March 20, 2014, the Plaintiff leased the real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant on the premise that the Defendant is a homeless householder by setting the lease deposit 14,3760,000 won and the lease term as March 31, 2016.

However, Article 9(1)6 of the above lease agreement (hereinafter “the lease agreement in this case”) provides that “Where a contractor, a member of the household, a spouse separated from him/her, and a member of the household possess another house during the lease term (the Rules on Housing Supply shall apply)” is a ground for termination of the lease.

B. On May 16, 2014, the Defendant Company B resided in the instant apartment as a member of the same household with the Defendant, and acquired the Defendant’s housing located in Jung-gu Seoul, Jung-gu, Seoul by donation from the Defendant’s Sicker C. The Plaintiff was married with F on January 23, 2015 after the Plaintiff transferred his/her resident registration to Jung-gu, Seoul, Jung-gu, Seoul.

C. On December 10, 2014, the Plaintiff notified the Defendant of the termination of the instant lease agreement on the ground that he/she owns a house by a household member.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4 (including paper numbers), Eul evidence 5 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) According to the Plaintiff’s assertion (1) under the instant lease agreement, the lessee of a rental house shall be a homeless householder, and the lease contract may be terminated if a member of the household owns another house during the lease period. The Defendant’s son B owned a separate house, and the Plaintiff lawfully terminated the instant lease contract on this ground. The Defendant is obligated to deliver the instant apartment to the Plaintiff.

(2) The defendant's argument B was donated by C to live in a new family, but was not actually occupied, and became an independent member of the defendant.

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